^ 


.  :••/. 


LIBRJ^RY 

! 

OF  THE 

Theological   Seminary, 

PRINCETON,    N.  J. 

Case, ^,              RARS*  (200^3 

Shelf, ^.^,,,,,       S^C.„„^ 

t^ook, ,f4^^ ._. 1 .  .O^ 

... .     , 1_ 

•    1 

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POLITICAL 
DISQJLJI  SIT  IONS,    &c. 


After  treating  of  our  duty  to  the  Gods,  it  is  proper  to  teach  tha{ 
which  we  owe  to  our  Country.  For  our  Country  is,  as  it  were,  a 
/e<ondary  God,  and  the  firft  and  greateft  P^r^«/.— It  is  iq  ht  preferred 
to  Parents,  Wives,  Children,  Friends,  and  all  things,  the  Gods 
only  excepted.— And  if  our  Coujitry  perifhes,  it  is  as  impoffible  to  favc 
an  Indinjidual,  as  to  preferve  One  of  the  fingers  of  a  laortified  hand. 

HiEROCLES. 


^^*^^m^^%%%%m^m^mi^-%%%%%m^%mm%m^^%mm^^m 


Vol,  h 


Philadelphia,  May  30,  1775* 
The  following  PROPOSALS,  are  laid   before  thofe  Gentlemen,  wha 
choofe    to    promote    Science    in  America,    for   Printiko    by 
SUBSCRIPTION, 

SKETCHES 

O  F     T  H  E 

HISTORY    OF    MAN. 

I»     FOUR      VOLUMES. 

By   HENRY    HOME,    Lord  Kaims. 

Author  of  Elements  of  Criticifm,    &c. 
CONDITIONS. 


I,  The  American  Edition  of  Lord 
KAIMS 's     SKETCHES 

OF    THE      HISTORY    OF 

MAN  will  be  printed  in,  four 
volumes,  on  the  fame  paper  and 
type  with  the  fpecimcn,  (which 
is  given  gratis  at  Bell's  in 
Third-ftreetjWoODHOusE's,  and 
Aitkin's  in  Front- ftreet)  and 
the  Book  will  be  neatly  bound 
and  lettered  in  two  odlavo  vo- 
lumes. 

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T<wenty-four  Shillings  Pennfyl- 
vania  currency,  although  the 
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Pounds  Four  Shillings.  No  Mo- 
ney expelled  until  the  delivery 
of  the  book. 
III.  When  one  hundred  encou- 
ragcrs  are  pleafed  to  approve  of 
thcie  conditions  by  the  favour 
of  fubfcribing  their  names,  the 
work  will  be  immediately  car- 
ried into  execution,  and  finifhed 
with  proper  expedition. 


SUBSCRIPTIONS  are  gratefully  received  by  ROBERT  BELL, 
in  Third-flreet ;  WILLIAM  WOODHOUSE,  and  R.  AITKEN,  in 
.Front- flree t ;  and  by  all,  who  are- pleafed  to  lend  their  helping  hand 
towards  the  promotion  of  American  Manufadlures. 


,,^>,.«0»M>-"<>«<-<>''"<>'' •■<>''"<>""<>-"<>"-<>".^""<>««.><>'' ••<>•••'<>••■'<►•-.«>••..<>- «<>—<>""<>""<>«-'4>--<»*"^>" 


POLITICAL 


DISQUISITIONS; 


O  R, 


An  ENQUIRY  into  public  Errors,  Defects, 
and  Abuses.  Illuftrated  by,  and eftabliflied  upon 
Facts  and  Remarks,  extraded  from  a  Variety 
of  Authors,  Ancient  and  Modern. 

CALCULATED 

To  draw  the  timely  Attention  of  Government 
and    People,  to   a   due   Confideration   of  the 
Neceffity,   and  the  Means,    of  Reform- 
ing thofe  Errors,    Defects,  and 
Abusesj    of    Restoring    the 
Constitution,  and  Sav- 
ing the   State. 
.  / 


By    J.  BURGH,     Gentleman;    Author    of  the   Dignity    of 
Human     Nature,  and  other  Works. 

volume     the      first. 


PHILADELVHIA: 

Printed  and  Sold  by    ROBERT    BELL,    in  Third-Strsst;     and 
WILLIAM   WOODHOUSE,     m  Front-Street, 


M,  D  C  C,  L  X  X  V. 


GENERAL    PREFACE. 


EVER  fmce  I  have  been  of  age  to  diftinguifli 
between  good  and  evil,  I  have  obferved, 
that,  in  this  bleflcd  country  of  ours,  the  men 
in  power  have  purfued  one  uniform  track  of  tax- 
ing and  corrupting  the  people,  and  increafiog 
court-influence  in  parliament,  while  the  pretended 
patriots  have  exclaimed  againft  thofe  meafuies,  at 
leaft  till  themfelves  got  into  power,  and  had  an  op- 
portunity of  carrying  on  the  fame  plan  of  govern- 
ment ;  which  they  feldom  failed  to  do,  while  the 
conftitution  was  drawing  nearer  to  its  ruin,  and  our 
country  lay  bleeding, 

I  was  fure,  there  was  a  right  and  a  wrong  in  go- 
vernment, as  in  other  things.  I  knew,  that  the 
fpirit  of  the  conftitution,  and  the  intereft  of  the 
nation  are  fixed  things,  not  to  be  altered  backward 
and  forward  according  as  a  Harley,  a  Walpoky  or 
a  Pelhaniy  was  in,  or  out  of  place.  1  faw  much 
quibbling  and  fallacy  in  our  party-fquabbles,  while 
1  was  certain,  that  there  was  a  true  and  a  falfe 
in  politics,  as  in  all  other  objedts  of  human  under- 
ftanding. 

I  determined  to  take  the  fenfe  of  mankind  on 
the   great    and    interefting  points    of  government ; 

and 


vi  GENERAL    PREFACE. 

and  to  fee  what  experience  teaches  to  expe£l  from 
wife  and  upright,  as  well  as  from  blundering  and 
corrupt  adminiilration, 

I  applied  the  leifure  hours  of  many  years  to  the 
perufal  of  the  beft:  hiftorical  and  political  books,  an- 
cient and  modern,  and  made  coUedtions  to  the  quan- 
tity-cf  many  folio  volumes, 

I  cpnfidered,  that  hiftory  is  the  inexhauftible 
xnine,  out  of  which  political  knowledge  is  to  be 
brought  up.  This  was  obferved  by  Plato ^  and  in 
confequence  he  wrote  his  Republic,  and  other  poli- 
tical works.  Ariftotles  Politica  are  full  of  wife 
remarks,  drawn  chiefly  from  hiftory.  Montes-* 
QUiEU  has  colledted  his  admirable  work,  L'Esprit 
DES  Loix,  in  great  meafure,  from  hiftory,  Monta- 
gues excellent  book  on  Ancient  Republics  is 
wholly  mad;^  out  of  the  fame  materials.  The  abbe 
de  5/.  Pierre  labours  in  many  parts  of  his  Ouvrages 
Politiques  (particularly  in  his  EfTay,  entituled,  Ob^ 
jervatiom  pour  venire y  &c.  Remarh  Jor  rendering  the 
Perufal  of  Plutarch' i  hives  more  agreeable ^  afid  more 
profitable )  to  fhev/,  that  there  are  no  means  fo  effec- 
tual for  communicating  the  moft  ufeful  inftrud:ions 
to  the  minds  of  men,  as  making  obfervations  upon 
the  fads  recorded  in  hiftory.  Alph onfus  Y .  kmg  oi 
Arragouy  was  wont  to  fay,  the  dead  were  the  beft 
counlellors.  Rollin  wrote  his  Ancient  and  Roman 
Histories  on  purpofe  that  be  might  have  an  oppor- 
tunity 


GENERAL    PREFACE.         vii 

tunity  of  making  ufeful  moral  and  political  remarks 
upon  the  fadts  he  was  to  relate.  Our  incomparable 
female  hiftorian  (Mrs.  Macauly)  has  given  the 
public  a  new  hiftory  of  the  StuartSy  for  the  purpofc 
of  inculcating  on  the  people  of  Britain  the  love 
of  liberty  and  their  country. 

That  no  important  hiftorical  faft,  nor  valuable  po- 
litical remark,  or  as  few  as  poffible,  might  efcape 
me,  I  went  through  a  general  courfe  of  fuch  read- 
ing; particularly  the  following,  viz.  Universai* 
History,  Ancient  and  Modern,  68  volumes, 
befides  feveral  of  the  Greek  and  Latin  originals ; 
Raping  and  two  or  three  other  £«'^///y&  hi  (lories ; 
Magazines  of  the  laft  lo  years;  Parliamen- 
TORY  History,  24  volumes;  Debates  of  the 
Lords  and  Commons,  30  volumes;  Ancimt  vi\ik 
A/(?^fr«  Republics,  27  volumes ;  xYiq  Harleian  Mis- 
cellany, 8  volumes;  Somers\Trz&$y  16  volumes; 
the  political  writings  of  Sidney,  Locke,  Harrington, 
Gordon^  Tre?tchardy  Bolingbrokey  St.  Pierre,  Hume, 
Montefquieu,  Blackjione,  Montague,  Rymers  Foe- 
dera,  Statwtes  at  Large,  5tate  Papers, 
&c.  And  it  is  my  purpofe  to  apply  what  may  re- 
main to  me  gf  life  and  leifure  to  the  fame  ftudy : 
and  if  I  find  any  new  ipiatter  intcrefting  to  my 
country,  which  I  cannot  infert  "in  the  body  of  this 
work,  it  fhall  be  given  the  public  in  a  iupplemental 
volume. 

» 

Moft 


via 


GENERAL     PREFACE, 


Moft  writers  bave  a  fet  of  dodlrines  they  would 
lay  before  the  public,  and  they  perufe  authors  on 
the  fame  fubjedl,  in  order  to  ftrengthen  their  own  af- 
fertions  by  the  authority  of  eftabliflied  writers.  But 
I  read  in  order  to  obferve  what  the  bed  hiftorical 
and  political  writers  have  faid,  and  to  lay  that  be- 
fore the  public,  as  decifive.  And  as  I  did  not,  in 
celleding  my  materials,  truft  to  indexes ;  but  turn- 
ed over,  page  by  page,  many  hundreds  of  volumes, 
tKe  matter  I  colledted  came  at  laft  to  fuch  a  prodigious 
heap, 

^■M  "rudis  indigejlaque  moles, 

-congejlaque  eodem 
Non  bene  jun5l arum  difcordia  femina  rerum, 

OviB.) 

that  I  forefaw,  I  ftiould  have  no  fmall  difficulty  in 
arranging  this  chaos  into  a  fyftem.  Nor  have  I  been 
able  to  pleafe  myfelf  at  laft  in  this  refped.  For  many 
articles  are,  I  doubt,  not  referred  to  the  heads,  to 
which  they  moft  properly  belong ;  and  many  articles 
relate  to  feveral  heads.  I  hope,  however,  by  means 
pi  a  table  at  the  end  of  the  whole,  to  make  up  for  this 
deficiency. 

I  have  every  where  referred  to  the  volume  and 
page  of  my  authors,  with  as  much  corredtnefs  as 
I  could,  that  my  readers  may  fatisfy  themfelves- 
and,  if  they  think  fit,  may  perufe  what  I  have 
not  quoted.  Where  I  have  put  turned  commas, 
I    quote    verbatim;     and    where    I    tranflate,     or 

abridge 


GENERAL     PREFACE.        ix 

abridge  the  fenfe  of  my  authors,  I  believe  the 
reader  will  find  I  give  it  genuine.  When  I  infert 
fhort  remarks  of  my  own  in  the  midft  of  other 
matter,  I  inclofe  them  with  brackets  for  diftindtion's 
fake. 

The  political  authbrs  I  quote  are  not  all  of  equal 
authority.  To  mod  of  them  I  appeal  on  account  of 
the  weight,  which  their  opinion  has  juftly  obtained  j 
others  I  introduce  becaufe  they  have  expreffed  the 
fentiment  I  would  inculcate,  with  fuch  clearnefs  and 
ftrength  as  muft  convince  every  reafonable  reader* 
In  cafes  where  it  may  be  fuppofed  a  writer  may  be 
partial  to  a  particular  fentiment,  it  is  an  advantage 
to  give  his  reader  the  fame  fentiment  in  the  words 
of  another,  rather  than  in  his  own,  though  the  au-- 
thor  quoted  may  not  be  of  the  firft  rank  for  merit 
and  weight. 

I  do  not  pretend  to  have  extradled  from  my  au- 
thors, or  to  have  applied  all  that  may  be  found  in 
them  interefting  to  this  country.  But  the  number  of 
fads  and  remarks  I  have  extraded  and  applied,  is  fo 
confiderable,  that  I  think  the  colledion  muft  be  va- 
luable, as  tending  to  fave  gentlemen,  who  would  im- 
prove themfelves  in  political  knowledge,  a  great  deal 
©f  time  and  labour,  and  as  ferving  to  bring  together 
a  multitude  of  ufeful  hiftorical  precedents,  and  of 
wife  refledions,  fcattered  in  many  hundered  volumes  j 
upon  which  materials  alone  it  is  poflible  to  found 
any  folid  political  principles. 

Vol.  1.  b  Every 


X  GENERAL   PREFACE. 

Every   body  has  obferved,  that,  on  political  fub- 
jedts,  the  opinions  of  men  are  peculiarly  vague,  un- 
fettled,  and  contradictory,  becaufe  all  men  will,  and 
in  a  free  country,  ought  to  judge  of  politics.     There 
are  indeed  many  particulars  to  be  attended  to,  various 
views  of  things  to  be  taken,   and  many  comparifons 
to  be  made,  in  order    to  form  juft   ^nd  fteady  prin- 
ciples of  politics.     And  thefe  etnployments  o^  the 
mind  requiring  leifure,    thought,    and  labour,  it  is 
not  to  be  wondered, '  that  few  ever  come  to  defervc, 
in  a  general  and  extenfive   manner,    the   character  of 
found  politicians  j  though  it  is  certain  that  every  man 
of  common  fenfe  may,  if   unbiaffed,  very  clearly  fee 
wherein  his  country's  great  intereit  confifts. 

The  fame  obfervation  may  be  made  on  politics 
as  ofie  of  the  fathers  has  made  on  holy  Scripture ; 
The  lamb  may  wade  in  them,  and  the  elephant 
fwim. 

•  The  fcietice  of  politics'  [extenfively  confidered] 
«  is  as  much  fuperior  to  all  others,'  fays  S.  Pierre, 
«  as  the  whole  is  fuperior  to  a  part.  For  it  compre- 
hends nil  human  knowledge,  and,  to  be  a  good  po- 
litician, a  man  muft  have  a  general  knowledge  of  all 
arts  and  fciences  a/  On  the  other  hand,  it  is  obferv- 
ed  by  Locke,  That  politics  [in  the  common  and  con- 
fined fenfe]  are  only  common  fenfe  applied  to  na- 
tional, inftead  of  private  concerns. 

Some 

a  S»  Pierre,  Ouvr,  Polit,  vi,  14. 


GENERAI,     PREFACE. 


XI 


Some  things  are  right  in  theory,  for  inftance,  but 
not  in  pradice,  and  contrarivviXe.  Hereditary  fuc- 
ceffion  to  regal  power  applied  to  the  left  of  reafon, 
appears,  ^^mr/,  confummately  abfurd.  But  eledive 
monarchy,  if  we  judge  of  it  from  its  effeds  in  Po- 
land,  is  an  inexhauftible  fountain  of  mifchief  to  a 
country.  Some  meafures  are  in  general  falutary ; 
but  purfued  at  particular  times,  would  ruin  all.  In 
diftinguifiiing  wifely  lies  the  fuperiority  of  genius  in 
flatefmen, 

^  There  are  no  fuch  mighty  talents  neceflary  for 
government  as  fome,  who  pretend  to  them,  v/ithout 
poiTeffing  them,  would  make  us  believe.  Honeft  affec- 
tions, and  common  qualifications,  are  fufficient,  and 
the  adminiflration  has  always  been  beft  executed,  and 
the  public  liberty  beil  preferved,  near  the  origin  and 
rife  of  ftates,  when  plain  fenle,  and  common  honefty 
alone  governed  public  affairs,  and  the  morals  of  men 
were  not  corrupted  by  riches  and  luxury,  nor  their 
underflanding  perverted  by  fubtleties  anddiflindions, 
Great  abilities  have  generally,  if  not  always,  been 
employed  to  miflead  the  honeft  unwary  multitude, 
and  draw  them  out  of  the  plain  paths  of  public  virtue 
and  public  good  ^^' 

In  a  country  which  pretends  to  be  free,  and 
where,  confequently,  the  people  ought  to  have 
\1^^eight  in  the  government,    it   is  peculiarly  necef- 

fary 


a  Cato'sLett.  i.  J78. 


xii        GENERAL     PREFACE. 

fary  that  the  people  be  poffefled  of  juft  notions  of  the 
intereft  of  their  country,  and  be  qualified  todiftingui(h 
between  thofe  who  are  faithful  to  them,  and  thofe 
who  betray  them. 

It  mud,  1  think,  fill  every  generous  mind  with 
indignation,  to  fee  our  good-natured  countrymen  a- 
bufcd  over  and  over,  from  generation  to  generation,  by 
the  fame  ftale  dog-tricks  repeatedly  played  upon  them, 
by  a  fucceffion  of  pretended  patriots,  who,  by  thefe 
means,  have  fcrewed  out  their  predeceflbrs,  and 
wormed  themfelves  into  their  places.  To  teach  the 
people  a  fet  of  folid  political  principles,  the  knowledge 
of  which  may  make  them  proof  againft  fuch  grofs  a- 
bufe,  is  one  great  objedl  of  this  publication. 

If  the  people  do  not  look  with  an  eye  of  fevere 
and  unremitting  jealoufy,  after  their  own  great  and 
weighty  concerns,  in  whofe  hands  muft  they  leave 
them  ?  The  anfvver  is.  In  thofe  of  a  miniftry.  And 
what  hope  is  there,  that  in  fuch  hands  they  will  be 
fafe?  In  thefe  coUedlions,  under  the  article  Minis- 
ters, it  will  too  plainly  appear,  from  hiftory,  that 
minifters  have  generally  been  a  fet  of  ambitious,  or 
avarcious  grandees,  who  have,  by  all  the  worft  kinds 
of  arts,  thruft  themfelves  into  power,  in  order  to 
raife  (as  they  call  it)  themfelves  and  their  fami- 
lies, and  to  fill  their  pockets.  Entering  into 
public  ftations  with  fuch  views,  it  is  to  be  fuppofed, 
that  they  would   form    to   themfelves    an    intereft 

totally 


GENERAL    PREFACE. 


xui 


totally  feparate  and  diametrically  contrary  to  that  of 
the  people,  and  that  they  would  debauch  the  houfe 
of  commons  to  join  them  againft  their  conftituents. 
And  is  it  not  then  neceffary,  that  the  people  fliould 
be  qualified,  and  difpofed  to  take  care  of  their  own 
interefts,  and  fecure  themfelves  againft  fo  formidable 
a  fet  of  internal  enemies  ? 

*  None  can  be  faid  to  know  things  well,  who  do 
not  know  them  in  their  beginnings,'  fays  Sir  W. 
temple  \ 

*  All  ought  to  know  what  is  right,  and  what  is 
wrong  in  public  affairs,'  fays  St,  Amand^. 

Not  only  the  people,  but  our  ftatefmen  and  legif- 
lators,  may  from  the  following  collections  gain  lights, 
and  meet  with  hints,  which,  if  properly  purfued, 
may  lead  them  to  meafures  of  a  more  generous  kind, 
than  that  feries  of  poor  and  temporary  expedients, 
by  which  they  have  long  made  a  (hift  to  patch  up 
matters,  aud  barely  keep  the  machine  of  government 
from  burfting  in  ruins  about  them,  while  the  effici- 
ency of  the  conftitution  (as  will  too  clearly  appear  in 
the  fequel)  is  annihilated. 

The  ableft  politicians  have  always  been  the  moft 
defirous  of  information.  The  great  Colbert  ufed  to 
declare,  that  he  thought  his  time  well  fpent  in  peruf- 
ing  an  hundred  propofals  for  advancing   the  wealth, 

the 

a  Pref,  to  Hist.  Enc.  b  Pref.  to  Hist.  Parl. 


ivx        GENERAL    PREFACE. 

the  commerce,  and  the  glory  of  France,  if  but  one 
of  them  deferved  to  be  encouraged  a. 

If,  on  the  contrary,  any  Leviathan  of  power  (hews 
himfelf  bent  on  other  objeds,  than  the  public  good, 
and  with  a  brutal  effrontery  prefumes  publicly  to  turn 
into  ridicule  all  that  tends  to  national  benefit,  and  to 
declare,  as  fome  ftatefmen  have  been  known  to  do. 
That  he  knows  of  only  one  engine  of  government, 
^iz.  *  Finding  every  man's  price,  and  giving  it  to 
him '/  it  is  to  be  hoped,  that  the  independent  people 
will  find  a  hook  for  his  jaws,  and  be  able  to  drag 
him  out  of  that  fea  of  pov/er,  in  which  he  wallows, 
that  the  vefl^el  of  the  ftate  may  fail  in  fafety.  To  point 
out  thofe  enemies  of  mankind,  and  to  animate  the  in- 
dependent people  again  ft  them,  is  as  great  a  fervice  as 
can  be  done  the  public.  Whether  thefe  coHedions 
will,  in  any  degree,  produce  this  effed,  remains  to 
be  feen. 

Some  courtly  readers  may  think  I  have  put  too 
much  gall  into  my  ink,  when  defcribing  the  political 
abufes,  which  difgrace  our  country :  But  Mr.  Gor- 
don^  fays,  *  No  man  can  be  too  defirous  of  the  glory 
and  fecurity  of  his  country,  nor  too  angry  at  its  ill 
ufage,  nor  too  revengeful  againft  thofe,  who  abufe 
and  betray  it.* 

When  Sir  J,  Baniardy  A.  D.  1740,  was  cen* 
fured  in  the  houfe  of  commons  by  Sir   fF.  Tonge, 

for 


a  Pojlleth^.  Brit.  True  System,  xlv, 
b  Cato's  Lett.  11.  49, 


GENERAL     PREFACE.  xt 

for  calling  the  feamens  bill  by  its  proper  name,  he 
anfwered  as  follows. 

'  I  have  always  heard  it  reprefented  as  an  inftance 
of  integrity  when  the  tongue  and  heart  move  in  con- 
cert, when  the  words  are  reprefentations  of  the  (cn^ 
timents ;  and  have  therefore  hitherto  endeavoured  to 
explain  my  arguments  with  perfpicuity,  and  to  im- 
prefs  my  fentiments   with  force.     I  have  thought  it 
hypocrify  to  treat  ftupidity  with  reverence,  or  honour 
nonfenfe    with  the   ceremony    of  confutation.      As 
knavery,  fo  folly,  that  is   not   reclaim  able,    is  to  be 
fpeedily  difpatched,  bufinefs  is  to  be  freed  from  ob- 
ftruftion,    and    fociety    from  nuifance.     Now,   Sir, 
when  1  am  cenfured  by  thofe  whom  I  may  offend  by 
the  ufe  of  terms  correfpondent  with  my  ideas,  I  will 
net,  by  a  tame  and  filent  fubmiffion,  give  reafon  to 
fufped:,  that  I  am  confcious  of  a  fault,  but  will  tf^at 
the  accufation  with   open  contempt,    and   fhew  no 
greater  regard  to  the  abettors  than  to  the  authors  of 
abfurdity.     That  decency  is  of  great  ufe   in  public 
debates,  I  fliall  roadily  allow 5  it  may  fometimes  fiieU 
ter  folly  from  ridicule,  and  preferve  villainy  from  pub- 
lic detedions  nor  is  it  ever  more  carefully  fupported 
than  when  meafures  are  promoted,  which  nothing  can 
preferve  from  contempt  but  the  folqmnity  with  which 
they  are  eftablifhed.     Decency  is  a  proper  circum- 
cumftance;  but  liberty  is  the  eflenceof  parliamentary 
difquifitions.     Liberty  is   the   parent  of  truth:    but 
truth  and  decency  are  fometimes  at  variance:  all  men 

and 


xvl       GENERAL    PREFACE. 

and  all  propofitions  are  to  be  treated  here  as  they  de-* 
ferve ;  and  there  are  many  who  have  no  claim  either 
to  refpeft  or  decency.' 

I  expert  the  fons  of  flavery  to  cry  out,  *  The  au- 
thor is  a  republican,  a  difcontented  party-man,  a  Ja- 
cobite, a  papift/  So  the  '^ews  ftigmatifed  the  primi- 
tive chriftians,  and  the  papifts  to  this  day  the  pro- 
teftants  with  the  odious  appellation  of  heretics.  The 
court-fycophants  in  Charles  I's  times  called  the  friends 
of  liberty  puritans,  and  the  Walpoliam  called  the  op- 
pofers  of  that  arch-corrupter  difaffeded.  But  wifdom 
is  juftified  of  her  children.  Let  our  courtiers  over- 
throw the  facts  and  the  reafonings  in  the  following 
pages.  If  they  cannot,  they  are  to  yield  to  truth, 
were  it  delivered  to  them  even  by  a  papift. 

•  J  would  wifli  the  reader  to  think  I  write  in  the 
fpirit  of  a  true  independent  whig,  whofc  charader 
JMr.  Gordon  defcribes  as  follows. 

*  An  independent  whig  fcorns  all  implicit  faith  in 
the  ftate,  as  well  as  the  church.  The  authority  of 
names  is  nothing  to  himj  he  judges  all  men  by  their 
aftions  and  behaviour,  and  hates  a  knave  of  his  own 
party  as  much  as  he  defpifes  a  fool  of  another.  He 
confents  not  that  any  man  or  body  of  men  (hall  do 
what  they  pleafe.  He  claims  a  right  of  examin- 
ing all  public  meafures,  and  if  they  deferve 
it,    of  cenfuring   them.      As  he   never   faw   much 

power 


GENERAL     PREFACE. 


xvii 


power  poffeffed  without  feme  abufe,  he  takes  upon 
him  to  watch  thofe  that  have  it ;  and  to  acquit,  or 
expofe  them,  according  as  they  apply  it  to  the  good 
of  their  country,  or  their  own  crooked  purpofes  \' 

Others  may  alledge,  that  a  private  gentleman,  who 
has  never  been  employed  in  the  ftate,  is  lefs  likely  to 
be  of  fervice  to  the  public  by  writing  on  political  fub- 
jedts^     Let  Harringto?2  anfwer  them. 

'  It  was  in  the  time  oi  Alexander,  the  greateft 
prince  and  commander  of  his  age,  that  Arijiotle^ 
with  fcarce  inferior  applaufe  and  equal  fame,  being  a 
private  man,  wrote  that  excellent  piece  of  prudence 
in  his  cabinet,  which  is  called  his  Politics,  going 
upon  far  other  principles  than  thofe  of  Alexanders 
government,  which  it  has  long  outlived.  The  like 
did  Titus  Ltvius  in  the  time  of  AuguftuSy  Sir  Thomas 
More  in  the  time  oi  Hen.  VWh  zndi  Machiavel  when 
Italy  was  under  princes  that  afforded  him  not  the 
car.  Thefe  works  neverthelefs  are  all  of  the  mod 
efteemed  and  applauded  in  this  kind  j  nor  have  I 
found  any  man  whofe  like  endeavours  have  been  per- 
fecuted  fince  Plato  by  Dionyfius.  I  ftudy  not  with- 
out great  examples,  nor  out  of  my  calling';  either 
arms,  or  this  art,  being  the  proper  trade  of  a  gentle- 
man.    A  man  may  be  intrufted  with  a  fhip,  and  a 

Vol.  L  c  good 


a  (?<>rr/, Tracts,  i.  311 


xviii      GENERAL     PREFACE. 

good  pilot  too,  yet  not  underftand  how  to  make  fea 
charts.  To  fay  that  a  man  may  not  write  of  go- 
vernment, except  he  be  a  magiftrate,  is  as  abfurd  as 
to  fay,  that  a  man  may  not  make  a  fea  chart,  unlefs 
he  be  a  pilot.  It  is  known,  that  Chrijiopher  Colum- 
bus made  a  chart  in  his  cabinet,  that  found  out  the 
Indies,  The  magiftrate,  that  was  good  at  his 
fteerage,  never  took  it  ill  of  him  that  brought  him 
a  chart,  feeing  whether  he  would  ufe  it  or  no,  was 
at  his  own  choice ^  and  if  flatterers,  being  the  word 
fort  of  crows,  did  not  pick  out  the  eyes  of  the  living, 
the  (hip  of  government  at  this  day  throughout  Chrif- 
tendom  had  not  ftruck  fo  often  as  fhe  has  done.  To 
treat  of  affairs,  fays  Macbiavely  which  as  to  the  con- 
ducft  of  them  appertain  to  others,  may  be  thought  a 
great  boldnefs  5  but  if  I  commit  errors  in  writing, 
thefe  may  be  known  without  danger ;  whereas,  if 
they  commit  errors  in  ading,  fuch  come  not  other- 
wife  to  be  known  than  in  the  ruin  of  the  common- 
wealth 2/ 

I  do  not  pretend  to  enter  far  into  political  contro- 
verfy.  Life  is  not  long  enough  to  difpute  all  that  is 
difputable  in  fo  boundlefs  a  fuhjed:  as  politics,  or  to 
give  ihtpro  and  co?i  of  all  controverted  points. 

If  I  fufficiently  prove  a  point,  as,  That  a  ftanding 
army  is  dangerous  to  liberty.  That  placemen  in  the 

houfe 


A  Oceana,  pt  235.. 


GENERAL     PREFACE.       xlx 

houfe  of  commons  are  inconfiftent  with  the  neceffary 
independence  of  the  reprefentative  body,  &c.  it  figni- 
lies  little  what  may  be  urged  in  defence  of  thofe  a- 
bufes.  For  though,  *  ^udi  alteram  partem.  Hear 
both  fides,'  is  a  good  maxim  in  law,  yet  there  are 
cafes,  when  that  is  needlefs.  If  there  be  fufficient 
poiitive  proof,  that  the  accufed  was  at  Edinburgh  at 
the  hour,  in  which  a  murdered  perfon  was  killed  at 
London,  it  can  fignify  little  to  hear  prefumptions  of 
his  guilt,  unlefs  it  were  to  give  a  declaimer  an  oppor- 
tunity of  fhining, 

As  to  the  article  oi  Jiyle,  I  am  in  hopes,  every 
candid  reader  will  allow,  that  the  colledor  of  fuch  a 
variety  of  matter  could  not  well  fpend  time  in  ga- 
thering the  flowers  of  ParnaJJus.  Such  a  work  as 
this,  adorned  with  the  flights  of  rhetoric,  would  re- 
femble  an  anchor  (would  to  God  this  work  might 
prove  an  anchor  to  the  tempeft-toffed  flate!)  orna- 
mented with  carving  and  gilding.  And  1  cannot 
help  remarking  here,  that,  of  late  years,  we  feem  to 
have  paflTed  from  too  great  a  negligence  of  ftyie  to  an 
excefs  on  the  laboured  and  finical  fide.  I  have,  in 
what  of  the  following  is  v/ritten  by  me,  aimed  at 
perfpicuity. 

The  worthlefliiefs  of  the  great  is  often  not  Icfs  r/- 
dkulous  than  it  is   odious.     In   remarking  upon  it,  I 
have  fometimes  been  forced  to  laugh,  though  with  a  * 
heavy  heart.     This,    as   I   indulge  it  but  feldom,  I 
hope  the  reader  will  excufe. 

Pafcal, 


XX  GENERAL   PREFACE. 

Fafcak  a  grave  author,  if  ever  there  was  one,  re- 
commends the  ufe  of  ridicule  in  oppofmg  opinions 
too  abfurd  to  bear  reafoning  \ 

Sbaftjhury  carries  this  point  fo  far  as  to  fet  up 
(very  erroneoufly  in  my  opinion)  ridicule  for  a  tcft 
of  truth,  inftead  of  truth  for  a  tcft  of  ridicule.  Even 
the  infpired  writers  have  not  difdained  the  ufe  of  ri- 
diculed 


I  ridcntem  dicere  verum 

Quis  vetat? 

ridiculum  acri 
Fortius  et  melius  magnas  plcrumque  fecat  res. 

HOR. 

Though  the  fubje<5l  of  the  intended  fubfequent  vo- 
lumes be  the  continuation  of  what  is  treated  in  thi$ 
iirft,  viz.  an  enquiry  into  public  abufes,  and  means 
of  correding  them ;  it  is  my  intention,  that  this  and 
every  fucceeding  volume,  be,  in  fuch  a  manner  com- 
plete and  independent,  as  to  be  fit  to  ftand  by  itfclf 
without  any  of  the  others  -,  as  if  each  volume  vi^as  a 
different  book. 

In  this  volume,  for  inftance,  I  have  endeavoured  to 
fliew,  that  our  parliaments  are,  at  prefent,  upon  fuch 
a  foot,  as  to  the  inadequate  ftate  of  reprefentation,  the 
enormous  length  of  their  period,  and  minifterial  in- 
fluence prevailing  in  them,  that  their  efficiency  for 
the  good  of  the  people  is  nearly  annihilated,  and  the 

fubverfion 


a  Proving.  Letters,  Let,  xi. 
b  See  I  Kings,  xviii. 


GENERAL    PREFACE.        xxi 

fubverfion  of  the  conftitution,  and  ruin  of  the  ftate  is 
(without  timely  reformation  of  thefe  abufes)  the  con- 
fequence  unavoidably  to  be  cxpeded. 

If  the  candid  reader  finds,  that  all  this  is  but  too 
effectually  proved  in  this  firft  volume,  then  may  this 
iirft  volume  be  properly  faid  to  be  complete,  and  in- 
dependent on  thofe  intended  to  follow. 

Thofe  minute  critics,  whom  Mr.  Pope  dignifies 
and  diftinguiflies  by  thetitleof  Haberdafhers  of  fmall 
wares,  may  plume  themfelves  upon  finding  fome 
errors  and  inaccuracies  in  this  work.  In  the  lift  of 
boroughs,  for  inftance,  which  fend  in  the  majority 
of  the  houfe  of  commons,  two  or  three  places  are 
faid  to  fend  2  members  each,  whereas  they  fend  only 
one  each.  But  in  that  calculation  an  error  of  looo,  or 
10,000  voters  is  nothing  toward  invalidating  the  affer- 
tion  to  be  proved  :  And  the  cafe  will  be  the  fame  in 
many  other  inftances.  If  any  miftakes  of  importance 
are  pointed  out  to  the  author,  he  will  thankfully  ac- 
knowledge them.  And  if  he  fhould  have  occafion 
to  publifli  a  new  edition,  corredted,  or  improved,  he 
will  take  care,  that  the  Jirji  purchafers  have  the  cor- 
rections and  improvements  ^r^//i. 

It  never  was  my  defign  to  form  aj(jjy?^/;^  of  politics; 
therefore  I  did  not  hold  myfelf  obliged  to  treat  of  all 
political  fubjefts. 

On 


xxii       GENERAL     PREFACE. 

On  land  war  I  have  colledtcd  little,  befides  con- 
fiderations,  fliewing,  that  we  have  hardly  ever  had 
any  occafion  tointangle  ourfelves  with  thedifputes  be- 
tween the  powers  on  the  continent,  unlefs  where  we 
could  employ  our  naval  force  with  fuccefs. 

Commerce  is  an  immenfe  field,  into  which,  I  fel- 
dom  enter;  the  comprehenfive  Didionary  on  that 
fubjed:  by  Mr.  Pojilethwaytey  and  Hiftory  by  my  late 
efteemed  friend  Mr.  Anderfon,  having  fuperfeded  my 
labour.  In  thefe  two  books,  and  the  original  authors 
quoted  in  them,  is  contained  a  treafure  of  valuable 
remarks  on  that  mod  interefting  fubjed,  to  which 
every  public-fpirited  perfon  in  the  kingdom  ought 
to  attend. 

The  fubjeds  treated  of  in  this  volume  are  drawn 
out  in  the  following  table  of  contents.  If  the  public 
(hews  a  difpofition  to  receive  favourably  the  remain- 
der of  what  I  have  colleded,  it  fliall  be  publilhed 
with  all  convenient  fpeed;  as  there  is  but  little 
wanting  to  fit  it  for  the  prefs.  For  the  remaining  vo- 
lumes, I  have  by  me  large  coUedions  on  the  follow- 
ing heads,  viz. 

Of  corruption  in  general ,  of  degeneracy  in  this 
country  s  of  manners,  education,  luxury,  adultery, 
duelling,  &c.  of  liberty  in  general 3  of  various  forms  of 
government,  their  refpedive  advantages  and  difadvan- 
tages  3  oiBritifi  liberty  ;  danger  of  the  lofs  of  liberty, 
and  confequences  i  ofjuries,  advaatages  and  difadvan- 

tages  5 


GENERAL    PREFACE,      xxiii 

tages;  of  law,  and  its  grievances;  of  colonies,  and 
the  proper  methods  for  encouraging  them ;  of 
the  army,  and  dangers  from  it  -,  advantages  of 
a  militia;  the  ruinous  effeds  of  continental  con- 
nexions 3  the  importance  of  the  navy;  the  condud 
of  finances,  comprehending  taxes,  cuftoms,  excifes, 
national  debt,  flock-jobbing,  &c. ;  a  view  of  the 
artsof  wicked  miniflers,  and  favourites ;  charaderand 
condud  of  kings;  and  of  lords;  a  difplay  of  priefl- 
craft ;  importance  of  population,  comprehending 
obfervations  on  provifions,  monopolies,  cultivation 
of  land,  &c, ;  of  redrefs  by  the  people,  when  govern- 
ment refufes  it ;  of  party ;  of  patriotifm,  true  and 
falfe  ;  of  national  prejudice,  and  many  other  articles. 

The  fubjed  of  thefe  colledions,  though  political, 
goes  beyond  mere  temporal  concerns.  It  takes  in 
education,  manners,  and  charaders,  public  and  pri- 
vate. Thofe  are  but  fhallow  politics,  which  do  not 
comprehend  found  morals ;  and  the  confequences  of 
the  moral  charaders  of  men  reach  into  the  unfeen 
world. 

Long  Prefaces  are  feldom  acceptable  to  readers. 
I  fhall  therefore  beg  leave  to  break  off  here  for  the 
prefent,  and  to  leave  before  the  impartial  tribunal  of 
the  public  my  following  labours,  not  doubting  but 
they  will  be  in  general  received  with  the  candor, 
^  which  their  intention,  more  than  their  merit,  may 
claim. 

Books 


BOOKS  guofed  or  referred  to,   in  this  Firjl  Volume 

A 

ARISTOTELIS  Politica. 
App-'am  Opera. 
Antonius  Ih^usy  De  Republica  Athenienfi, 
Antient  Univcrfal  HiTtory. 
Almond  Dcibates  of  the  Houfe  of  Commons, 
Ada  Regia. 
ArticuH  Cleri. 
Amand  (SJ  Hiftory  of  Parliament 

B 

Bible. 

Burnett  Hiftory  of  his  Own  Times, 

Brady  s  Hiftory  of  England. 

Blackjione's  Commentaries  on  the  Englifli  Law. 

Bohuns  Right  of  Eledtion. 

Boriaje^  Natural  Hiftory  of  Cornwal. 

Bacons  f Nathan, J  Difcourfes  on  the  Government  of 

England. 
£(?/z£;^/*s  Account  of  Corfica. 
Bolingbroke^  Remarks  on  Englilh  Hiftory. 


Cafaris  Commentarii. 
Carte's  Hiftory  of  England, 
Cokes  Inftitutes. 
Cicero  de  Legibus. 
Cole's  Memoirs. 
Cat  OS  Letters. 

Confiderations  on  the  Caufes  of  the  prcfent  Difcon- 
"^         tents. 
\    Czarina's  Inftrudlons  for  a  Code  of  Lawfi, 

b 


BOOKS  quoted,  or  referred  to,   in  this  Firji  Volumel 

D 

D  tony  fit  Halicamajfcnjis  Opera* 
Idioms  Cajjii  Hiftoria. 
Davenatit'^  Works. 
Diffirtation  upon  Parties, 
Dalrymple's  Memoirs. 
Doddridge  on  Parliaments. 
Debates  of  che  Lords, 
r of  the  Commons, 


Emmii  fUbbonis)  Refpublicae  Vetcn 
Elfynge  on  Parliaments, 

P 

Fadion  detedted  by  fads.  • 

G 

Gordons  Tradts. 

Grotms,  De  Antiquitate  Reipubl.  Batav. 

H 

Harringtons  Oceana, 

JIakeueii's  Modus  tenendi  Parliamentum, 

Hale's  Power  of  Parliament. 

Bume's  Hiftory,  and  Effays, 

Horatii  Opera. 

Hirtorical  Effays  on  the  Englifh  Conftltution. 

Harleian  Mifcellany, 

I 

yanigon,  Etat  prefent  des  Provinces  Unies, 

K 

Krztfianomc,  Poloniae  Defcriptio; 


BOOKS  quoted,  or  referred  to,  in  this  Firft  Volum 


jjivtt  Hiftoria  Romana, 
Lucant  Pharfalia. 
Locke  on  Government. 
Laet  (De)  Hifpaniae  Defcriptio* 
Ludlow^  Memoirs. 

M 

Modern  Univerfal  Hiftory. 

Montefqueu  L*Efprit  des  Loix* 

Magazines. 

Macaulays  Hiftory  of  England. 

Milton\  Paradife  Loft,  Eikoaoclaftes,  ^c, 

MackiaveH  Political  Works, 

Mirror  of  Juftices,  by  Andrew  Home. 

Murray  (Alex,)  Efq.  Pamph, 


N 


ISIepos  (Corn,)  Vitae. 
News-Papers. 
Nalfon^  Colledtions. 


Platonis  Opera. 
Plutarchl  Vitae. 
Pojilethwayte's  Didlionafy  of  Commerce;   Bfitain'a 

True  Syftem,  (Sc, 
Parliamentary  Hiftory. 
(Polybius)  Pretace  to  a  Fragment  from, 
Pierre  (S  )  Ouvrages  De. 
Petyt\  Miiceilania  Parliamentarian 


Rapine  Hiftory  of  England* 
Richelieu^  Teftam.  Pulit, 


BOOKS  quoted,  or  referred  to,  in  this  ^irfi  Volume. 

Review  of  the  Place-Bill. 
ReyneFs  f  Abbe  J  Hiftory  of  Englifli  Pari. 
Retz  (Cardinal  de)  Memoirs. 
Rujhworth's  Colledions. 

S 

Statutes  at  large, 

Saluji.  Hiftoria. 

Somer/s  (Lord)  Trads. 

Steele  (Sir  Rich. J  Englifhman  and  Crlfis. 

Suetonit  Caefares, 

Simleri  Helvetias  Defcriptio. 

Sidney  on  Government. 

Smiths  (Sir  Thomas)  Commonwealth  of  Engl^ 

State  Trads  written  in  the  time  of  k.  William. 

T 

Taciti  Annal.  ct  Hiftor. 

Tindah  Continuation  oi  Raping  Hiftory, 

"Temples  (Sir  William)  Works. 


Velleius  Taterculus, 

Voltaire  Effais  fur  THiftoire.^ 

Virgil  ^neid, 

Verjlegan\  Englifli  Antiquities. 

Ufe  and  Abufe  of  Parliaments. 

W 

Willis\  Notitia  Parliamentaria. 
Whitelockes  Memoirs. 
Whiteheads  Manners, 


C  O  N  T  E  N  T  S« 

BOOK      I. 

Of  Government  Briefly, 

C  H  A  P.     I.     Page     i. 

Government  by  Laws  and  SanSiions,  why  necejfary. 

CHAP.     II.     Page   3. 

ffbe  People  the  Fountain  of  Authority,  the  ObjeSi  of 
Government y  and  laji  Refource, 

CHAP.     III.     Page   5. 

Of  Government  by  Reprefentation» 

CHAP,     IV.     Page  6. 

Advantages  of  Parliamentary  Government y  'which  have 
recommended  it  to  many  Nations. 

BOOK      II. 

Of  Parliaments. 

CHAP.     I.     Page  22- 

Parliaments  irregular  and  deficient y  i.  By  ejlablifh-- 
ment.  2,  By  Abufe.  By  EJiabli/hment  they  are  an 
inadequate  Reprefentation  of  the  People^  and  their 
Period  is  too  long.     By  Abufe  they  are  corrupt. 

CHAP.     II.     Page  24. 

Inadequate  Reprefentationy  its  Difudvantages* 

CHAP.     III.     Page  36. 

What  would  be  adequate  Parliamentary  RepriCentatiofu 


C      O      N      T      E      N      T       8. 

CHAP.     IV.     Pape  39. 
Viewoftheprefent  State  of  Parliamentary  Reprefentatlon. 

CHAP.     V.     Page  55. 

How  Parliamentary  Reprefenfation  came  to  be  thus  in^ 

adequate. 

CHAP.     VI.     Page  62. 

Evil  of  the  Boroughs  having  fo  di [proportionate  a  Share 
in  Parliamentary  Reprefentation. 

CHAP.     Vir.     Page  72. 

Inadequate  Reprefentation  univerfally  complained  of 
Propofah  by  various  Perfonsfor  redrejftng  this  Irre* 
gularity. 

BOOK    in. 

Of  the  fecond  Confiitutional  Irregularity  iri  our  Par ^ 
liammts,  viz.  fhe  excejjive  Length  of  their  Period. 

CHAP.     I.     Page  83. 

Parliaments  were  originally  annuaU 

CHAP.     II.     Page  87. 

Brief  Hijlory  of  the  lengthening  and  Jhortening  Parlia^ 

ment. 

CHAP.     III.     Page  95.  ^ 

Example  of  fever  al  Nations  ^  who  havefiewn  a  Fear  of 
inveterate  Power, 

CHAP.     IV.     Page  104. 

Example  of  the  Englijh,    in  fome  Inflances,  Jhews  an 
Apprehenfon  oj  Danger  Jrom  inveterate  Power, 


I 


C      O      N      T      E      N      f      S. 

CHAP.     V.     Page  io6. 

Senfe  of  Mankind  on  inveterate  Power-,  or^  Argument 
for  jhort  Parliaments. 

>      CHAP     VI.     Page  173. 
Of  Exclufion  by  Rotation. 

CHAP.     VII.     Page  176. 
Of  Ekaing  by  Ballot. 

BOOK,      IV. 

EfeSts  of  the  above  Irregularities. 

CHAP.     I.     Page   180. 

Members  of  Parliament  no  longer  hold  themfelves  re* 
Jponfble  to  the  People. 

CHAP.     II.     Page  186. 
TChe  Denial  of  Refponfbility  is  a  novel  Dodtrine. 

CHAP.     III.     Page  199. 
Arguments  for  Refponfibility  sf  Members  to  the  People* 

CHAP.     IV.     Page  205. 

"Unwarrantable  Privileges  ajfumed  by  the  Houfe  of  Com'- 
monsy  in  Confequence  oj  inadequate  Reprefentation^ 
and  too  long  Parliaments. 

CHAP.     V.     Page  236. 

parliamentary  Privileges  and  Profecutions  have  been 
too  generally  frivolous  and  unjuf. 

CHAP.     VI.     Page  256. 

Of  excluding  the  people  from  the  Houfe  of  Commons^  and 

punijhing  thoje  ivbo  publijh  the  Speeches  made  there. 


CONTENTS. 

CHAP.     VII.    Page  262. 

OfAbfentes  from  the  Houfe^    and  Members  negleSling 
Parliamentary  Bufinefs.- 

B     O    O     K      V. 

Of  Parliamentary  Corruption. 

CHAP.     I.     Page  267. 

Of  the  Origin,  Funds  and  Materials  of  Corruption. 

CHAP.     11.     Page    278. 

Of  Corruption  in  EleBions. 

CHAP.     IlL     Page  345. 

Statutes,  RfoiH^ioiis,  &c    againjl  corrupt  proceedings 
at  Eledlions. 

CHAP.     IV.     Page  359. 

Of  Minifteriaf  Influence  in  the  Houfe. 


i 

POLITICAL. 


POLITICAL 

D  I  S  QJU  I  S  I  T  I  O  N  S,    &c. 
BOOK      I. 

Of  Governmentj  briefly. 

CHAP.     I. 

Government  by  Laws  and  Sandiions,  why  necejfar\\ 

IF  there  be,  in  any  region  of  the  univcrfe,  an  order 
of  moral  agents  living  in  fociety,  whofe  reafon  is 
ftrong,  whofe  paffions  and  inclinations  are  mo- 
derate, and  whofe  difpofitions  arc  turned  to  virtue,  to 
fuch  an  order  of  happy  beings,  legiflation,  adminif- 
tration,  and  police,  with  the  endlefsly  various  and 
complicated  apparatus  of  politics,  muft  be  in  a  great 
mealure  fuperfluous.  Did  reafon  govern  mankind, 
there  would  be  little  occafion  for  any  other  govern- 
ment, either  monarchical,  ariftocratical,  democra- 
tical,  or  mixed.  But  man,  whom  we  dignify  with 
the  honourable  title  of  Rational^  being  much  more 
frequently  influenced,  in  his  proceedings,  by  fuppof- 
ed  intereft,  by  pafTion,  by  fenfual  appetite,  by  ca-- 
price,  by  any  thing,  by  nothing,  than  by  reafon ;  it 
Vox.  I,  B  has. 


2  POLITICAL  Book  L 

has,  in  all  civilized  ages  and  countries,  been  found 
proper  to  frame  laws  and  ftatutes  fortified  by  fanftions, 
and  to  cftablifh  orders  of  men  inverted  with  authority 
to  execute  thofelaws,  and  inflidt  the  defervcd  punilTi- 
ments  upon  the  violators  of  them.  By  fuch  means 
only  has  it  been  found  poflible  to  preferve  the  general 
peace  and  tranquility.  But,  fuch  is  the  perverfe  dif- 
pofition  of  man,  the  moft  unruly  of  all  animals,  that 
this  moft  ufeful  inftitution  has  been  generally  de- 
bauched into  an  engine  of  oppreffion  and  tyranny 
over  thofe,  whom  it  was  exprelly  and  folely  eftablifh- 
ed  to  defend.  And  to  fuch  a  degree  has  this  evil 
prevailed,  that  in  almoft  every  age  and  country,  the 
government  has  been  the  principal  grievance  of  the 
people,  as  appears  too  dreadfully  manifeft,  from  the 
bloody  and  deformed  page  of  hiftory.  For  what  is 
general  hiftory,  but  a  view  of  the  abufcs  of  power 
committed  by  thofe,  who  have  got  it  into  their  hands, 
to  the  fubjugation,  and  deftiudlion  of  the  human 
fpecies,  to  the  ruin  of  the  general  peace  and  happi- 
nefs,  and  turning  the  Almighty's  fair  and  good  world 
into  a  butchery  of  its  inhabitants,  for  the  gratification 
of  the  unbo^inded  ambition  of  a  few,  who,  in  over- 
throwing the  felicity  of  their  fellow-creatures,  have  , 
confounded  their  own  ? 

T^i^^/ government  only  can  be  pronounced  confiftent 
with  the  defign  of  all  government,  which  allows  to 
the  governed  the  liberty  of  doing  what,  confiftently".j 
with  the  general  good,  they  may  defire  to  do,  ancf^** 
which  only  forbids  their  doing  the  contrary.  Liberty 
does  not  exclude  rcftraint  j  it  only  excludes  unrea- 
fonable  rcftraint.  To  determine  precifcly  bow  far 
ferjonal  liberty  is  compatible  with  the  general  good, 
and  of  the  propriety  of  focial  condud  in  all  cafes,  is  a 
matter  of  great  extent,  and  demands  the  united  wifdom 

of 


Chap.  I.  DISQUISITIONS.  3 

of  a  v/hole  people.  And  the  confent  of  the  whole 
people^  as  far  as  it  can  be  obtained,  is  indifpenfably 
necejfary  to  every  law,  by  which  the  whole  people  arc 
to  be  bound  ;  elfe  the  whole  people  are  enflaved  to 
the  one^  or  ihtfew,  who  frame  the  laws  for  them. 

Were  a  colony  to  emigrate  from  their  native  land, 
and  fettle  in  a  new  country,  on  what  would  they  pro- 
pofe  to  beftow  their  chief  attention  ?  On  fecuring  the 
happinefs  of  the  wfjole  ?  or  on  the  aggrandizement  of 
the  governor  ?  If  the  latter,  all  mankind  would  pro- 
nounce thofe  colonifts  void  of  common  fenfe.  But  m 
every  abfolute  monarchy,  the  aggrandizement  of  the 
governor  is  the  fupreme  objed ;  and  the  happinefs  of 
tht  people  is  to  yield  to  it.  Were  only  a  handful  of 
friends  to  form  themfelves  into  one*  of  thofe  little 
focieties  we  call  clubs  -,  v/hat  would  be  their  obje<fl  ? 
The  advantage  of  the  company,  or  the  power  of  the 
chair-  man  ? 

Very  fhrewd  was  Rumbald's  faying  in  Charles  It's, 
time,  viz.  '  He  did  not  imagine,  the  Almighty  in« 
tended,  that  the  greateft  part  of  mankind  fhould 
come  into  the  world  with  faddles  on  their  backs,  and 
bridles  in  their  mouths,  and  a  few  ready  booted  and 
fpurred  to^ride  the  reft  to  deaths* 


CHAP.      II. 

^  The  People  the  Fountain  of  Juthcrity,  the  ObjeB  of 
Government f  and  lajl  Rejcurce. 

ALL  lawful  authority,  legiflati ve,  and  executive, 
originates  from  th^.  people.  Power  in  Vat  people 
is  like  light  in  the  fun,  native,  original,  inherent, 

and 


^//r/;.  Hist.  OWN  Times,  ii.  356 


4  POLITICAL  Book  f. 

and  unlimited  by  any  thing  human.  In  governors,  it 
may  be  compared  to  the  refleded  light  of  the  moon ; 
for  it  is  only  borrowed,  delegated,  and  limited  by 
the  intention  of  the  people,  whofe  it  is,  and  to  whom 
governors  are  to  confider  themfelves  as  refponfible, 
while  the  people  are  anfwerable  only  to  God  ;  them- 
felves being  the  lofers,  if  they  puriue  a  falfe  fchemc 
of  pohtics.     Of  which  more  hereafter. 

As  the  people  are  the  fountain  of  power,  fo  are  they 
the  objedl  of  government,  infuch  manner,  that  where 
the  people  are  fafe,  the  ends  of  government  are  an- 
fwered,  and  where  the  people  are  fufferers  by  their 
governors,  thofe  governors  have  failed  of  the  maiii 
defign  of  their  inftitution,  and  it  is  of  no  importance 
wha.t  other  ends  they  may  have  anfwered. 

As  the  people  are  the  fountain  of  power,  and  objefl 
of  government,  fo  are  they  the  laft  refource,  when 
governors  betray  their  truft.  And  happy  is  that  peo- 
ple, who  have  originally  fo  principled  their  conftitu- 
tion,  that  they  themfelves  can  without  violence  to  it, 
lay  hold  of  its  power,  wield  it  as  they  pleafe,  and 
turn  it,  when  neceflary,  againft  thofe  to  whom  it  was 
entrufted,  and  who  have  exerted  it  to  the  prejudice 
of  its  original  proprietors.  Of  all  which,  more  co- 
pioufly  hereafter. 

Legem  majejiatis  reduxerafy  &c.  fays  ^acitm.  The 
antient  lex  majejiatis  among  the  Romam  was  intended 
againd  ihofe  who  injured  the  Jiate\  and  the  majefty^ 
in  defence  of  which  it  was  made,  was  the  majelly  of 
the  people.  But  Tiierius  perverted  that  falutary  law 
into  a  protection  for  tyrants.  So  our  court- fycophants 
cry  out,  on  every  remcnftrance  againft  mifgovern- 
nient,  '  Treafon  !  The  king  is  betrayed ;  the  nation 
*  is  ruined/  while  nobody  but  themfelves  has  the  leaft 
thought  of  hurting  the  king,  nor  of  ruining  any  things 
but  that  which,  if  let  aloJie,  will  ruin  the  nation. 


i 


Chap.  III.       DISQUISITIONS.  5 

CHAP.       III. 

Of  Government  by  'Reprefenfation. 

GOVERNMENT  naturally  divides  itfelf.into  leg!- 
flative  and  executive.  No  degree  oi  wifdom 
is  more  than  fufficient  for  the  former.  For 
the  latter,  nothing  but  well  regulated  force  is  wanted. 
To  compofe  a  fyftem  of  wife  and  good  laws  is  the  ut- 
moft  effort  of  human  fagacity.  To  carry  on  the  affairs 
of  a  nation,  in  a  long-beaten  track,  requires  only 
common  fenfe  and  common  diligence. 

Themoft  natural  and  fimple  idea  of  government  is 
that  of  the  people's  affembling  together  in  their  own 
perfonSy  for  qonfulting,  debating,  enadting  laws,  and 
forming  regulations,  according  to  which  all  are^to 
conduct  themfelves,  and  by  which  the  general  liberty, 
property  and  fafety  are  provided  for.  Accordingly 
this  is  the  plan  of  governient  among  the  Indians  in 
Americay  and  other  fimpie  and  uncultivated  people  ; 
and  is  defcribed  by  Ccefar,  Tacitus^  &c.  as  having 
been  that  of  the  antient  Gauhy  and  Germans. 

But  fuch  a  icheme  of  government  is  thought  only 
compatible  with  a  fmall  dominion.  In  great  and  po- 
pulous countries,  it  being  fuppofed  impoffible  to  af- 
femble  together,  in  a  deliberative  capacity,  the  whole 
body  of  the  people,  or  even  all  the  men  of  property, 
fo  as  to  avoid  confufion,  and  to  obtain  the  uncon- 
ftrained  opinion  of  a  majority,  it  is  thought  neceflary 
to  Have  recourfe  to  an  adequate  and  freely  eleded 
reprefenfation. 

It  may  be  faid,  *  Why  might  not  (in  Britain  for 
inftance)  the  inhabitants  of  fingle  counties  meet  to- 
gether to  deliberate  on  thofe  fubjeds,  which  are  now 
debated  in  parliament,  and  afterwards  communicate. 

the 


6  POLITICAL  Book  L 

the  refult  of  their  confultation  to  a  grand  national 
aflembly  ?  The  anfwer  is,  This  would  ftill  be  go- 
vernment by  reprefcntation ;  bccaufe  the  national 
aflembly  muft  be  the  eleded  reprefentatives  of  the 
people.     Of  all  which  more  hereafter. 

In  planning  a  government  by  reprefcntation,  the 
people  ought  to  provide  againft  their  own  annihilation. 
They  ought  to  eftablifti  a  regular  and.  conftitutional 
method  of  ading  by  and  from  themfehes^  without,  or 
even  in  oppofition  to  their  reprefentatives,  if  neceflary. 
Our  anceftors  therefore  were  provident ;  but  not 
provident  enough.  They  fet  up  parliaments,  as 
a  curb  on  kings  ^nAminiJiers-,  but  they  negledled  tore- 
ferve  to  themlelves  a  regular  and  conftitutional  method 
of  exerting  their  power  in  curbing  parliaments,  when 
neceflary.  Of  which  I  fliall  have  occafion  to  treat 
m6re  fully  in  the  fequel. 

CHAP.     IV. 

Advantages    of  parliamentary    Government,    which 
bav^  recommended  it  to  many  nations. 

THere  is  no  advantage  within  the  reach  of  a 
particular  people,  that  may  not  be  obtained 
by  parliamentary  goverment  in  as  effedual 
a  manncr,asif  every  inhabitant  of  the  country  were  to 
deliberate  and  vote  in  perfon.  But  this  fuppofes  par- 
liament free  from  all  indired  influence,  and  to  have 
no  intereft  fcparate  from  the  general  good  of  ^the 
commonwealth. 

In  a  country,  like  Britain^  where  a  parliament  is 
conftitutionally  the  laft  refort,  and  where  there  lies  no 
regular  appeal  to  the  people,  the  perverfion  of  parlia- 
ment from  its  original  intention  may  prove  utter  ruin, 

as 


Chap.IV.  DISQUISITIONS.  7 

as  leaving  no  conftitutional  means  of  redrefs,  and 
compelling  the  people  to  take  into  their  own  hands 
the  dangerous  work  of  vindicating  their  liberties  by 
force  5  which,  in  the  concufion  of  jarring  parties, 
may  produce  anarchy  and  end  in  tyranny.  Of  which 
more  hereafter. 

Nothing  can.be  imagined  more  auguft  than  a  nu- 
merous fct  of  wife,  free,  and  honed  men  fitting  in 
confultation  upon  the  means  for  fecuring  the  happinefs^ 
of  a  whole  people.  Such  was  tKat  moft  venerable 
antient  affembly  of  the  Amphi^yons,  which  was  the 
general  tribunal  of  Gr^^r<?  for  judging  and  deciding  all 
controverfies  among  the  feveral  dates.  So  great 
was  the  refpedl  in  which  the  decihons  of  that  council 
were  held,  that  their  fentences  were  feldom,  or  never, 
difputed,  and  that  grievous  wars  were  often  termina- 
ted by  their  arbitration.  The  feveral  dates  of  Greece, 
in  number  about  twelve,  fent  each  to  this  grand 
court  one,  two,  or  three  delegates,  according  to  their 
refpeftive  importance  ^, 

The  Panatolium  of  the  antient  AetoUans  feems  to 
have  been  an  aflembly  very  much  upon  the  plan  of  our 
houfe  of  commons.  This  convention  met  annually, 
or  oftner,  if  neceffity  required.  Reprefentatives  were 
fent  to  this  affembly  from  all  quarters,  with  indruc- 
tlons,  from  which  they  were  not  to  deviate.  In  this 
Panatolium  refided  the  whole  majedy  of  the  date.  In 
it  laws  were  made  and  repealed,  alliances  formed  and 
renounced,  peace  and  war  declared,  magidrates  ap- 
pointed, particularly  the  chief  commander,  for  every 
year,  &ccK 

The  dinii^nt  Achat  a  was  a  confederacy  of  dates,  like 
our  modern  Holland  or  Swijferland'^.     Each  of  thofc 

little 


a  Uhb,  Emm.  ii.     277.  b  Ibid.  xi.  251. 

€  Ibid.     II.     228, 


8  POLITICAL  Book  I. 

little  ftates  had  its  pofleffions,  territories,  and  boun- 
daries ;  each  had  its  fenate,  or  affenjbly,  its  magiftrates 
and  judges ;  and  every  ftate  lent  deputies  to  the  gene-^ 
ral  convention,  and  had  equal  weight  in  all  determi- 
nations a.  And  moft  of  the  neighbouring  ftates, 
which,  moved  by  fear  of  danger,  acceded  to  this 
confederacy,  had  reafon  to  felicitate  themfelvcs. 

The  government  of  the  antient  commonwealths  of 
Italy,  before  the  Roman  was  formed,  was  much  upon 
a  free  or  parliamentary  plan. 

The  Ifraelitijh  government  was  of  the  free,  or  par- 
liamentary kind.  The  people's  demanding  a  change 
of  the  form  of  their  government  into  monarchical, 
was  diredly  oppolite  to  their  conftitution,  and  to  the 
divine  intention.  Which,  by  the  bye,  (hews  the 
abfurdity  of  the  dodrine  of  regal  government's  being 
of  divine  original.     Of  which  more  elfewhere. 

The  republic  of  Lycia  was  a  confederacy  of  towns, 
which  they  ranged  into  three  claffes  according  to  their 
refpedive  importance.  Tp  the  cities  of  the  firft  rank 
they  allowed  three  votes  each  in  the  general  council  y 
to  thofe  of  the  fccond  two,  and  to  thofe  of  the  third 
one.  *  For  reafon  taught  them,  that  they,  who  have 
the  moft  at  ftake,  ought  to  have  the  greateft  weight 
in  all  confultations  concerning  the  common  good  b.' 

Sparta,  as  modelled  by  the  good  and  wife  LycurguSy 
was  a  republican,  or  parliamentary  government, 
though  of  a  mixed  kind ;  for  there  were  kings,  a 
fenate  eleded  by  the  people,  and  an  affembly  of  the 
people,  the  confent  of  which  laft  was  neceffary  to" 
the  cftabhftiment   of  a   law,   fays  Plutarch '^.     Nor 

was 


a  Uhb.  Emm.  ii.  230.  b  Ibid.    11.     300. 

c  YiT.  LycvRG.  fttb  iait. 


Chap.  IV.       DISQUISITIONS,  9 

Nor  was  this  mixture  an  objev5lion  againft  the  Spar^ 
tan  government's  being  of  the  free,  or  parliamentary 
kind.  The  Tbeban, .  the  Dutch,  the  E?iglijh.  and 
other  free,  or  parliamentary  governments  have  all 
been  of  the  mixed  fort,  having  admitted  kings,  or 
ftadtholders,  or  other  jhiefs.  There  has  indeed  hardly 
ever  been  known  a  piire  commonwealth ;  though 
many  an  unmixed  monarchy,  or  tyranny.  The  Eng-* 
lijh  republic,  which  was  demolifhed  by  the  villainous 
Cromwel,  was  one  of  the  moft  unmixed,  that  ever 
was  known.  It  was  a  true  government  by  repre- 
fentation  j  of  which  more  hereafter.  In  the  mean 
while,  now  I  am  mentioning  republican  govern- 
ment, I  take  this  opportunity  of  entering  an  exprefs 
caveat  againft  all  accufations  of  a  defire  to  eftablifli 
republican  principles.  I  do  not  think  a  friend  to  this 
nation  is  obliged  to  promote  a  change  in  the  confti- 
tution.  The  prefent  form  of  government  by  king, 
lords,  and  commons,  if  it  could  be  reftored  to  its 
true  fpirit  and  efficiency,  might  be  made  to  yield  all 
the  liberty,  and  all  the  happinefs,  of  which  a  great 
and  good  people  arc  capable  in  this  world.  There- 
fore I  do  not  think  it  worth  while  to  hazard  any  con- 
liderable  commotion  for  the  fake  merely  of  changing 
the  conftitution  from  limited  monarchy  to  republi- 
can government,  though  I  hardly  know  the  rifque 
it  would  not  be  worth  while  to  run  for  the  fake  of 
changing  our  government  from  corrupt  to  incorrupt. 
But  to  return. 

Athens y  as  reformed  by  Solon,  vras  a  free,  or  parli- 
amentary ftate,  coniifting  of  a  fenate  of  400  elect- 
ed by  the  people,  befides  the  court  of  Areopagus. 
The  pooreft  of  the  people  had  a  right  of  fpeaking 

Vol  .1.  C  and 


10  POLITICAL  BookL 

and  voting  in  the  aflembly  of  the  people,  or,  if  you 
pleafe,  houfe  of  commons.  The  people  indeed  pof- 
feffed,  by  this  means,  a  degree  of  power  above  the 
reach  of  fuch  as  the  vulgar  were  in  thofe  antient  un- 
improved ages,  before  the  art  of  printing  had  made 
knowledge  univerfal  as  in  our  jimes.  The  errors  in 
the  Athenian  ftate  were  in  the.firftconcodion.  Had 
Solon  been  concerned  in  the  original  framing  of  it, 
that  (late  would  have  been  longer-lived.  He  con- 
fefled,  that  all  he  could  do  was.  To  give  the  Atbe-^ 
nians  the  beft  laws  their  degeneracy  could  bear  ^, 

*  Afheris  conCiA^df  {2Lys  Harrington^,  of  the  fenate 
of  the  bean  propofing,  of  the  church   or  affembly  of 
the  people  refolving,  and  too  often  debating,  which 
was  the  ruin  of  it  -,  as  alfo  of  the  fenate  of  the  Areo^ 
fagiiesy  the  9  archons,  vvith  divers  other  magiftrates, 
executing.     Lacedamon  confided  of  the  fenate  pro- 
pofing, of  the  church  or  congregation  of  the  people 
refolving  only,  and  never  debating,  which   was  the 
long  life  of  it ;  and  of  the  two  kings,    the  court  of 
the  ephori^  with  diverfe  other  magiftrates,  executing. 
Carthage  confifted  of  the  fenate  propofing,  and  fome- 
times  refolving ;  of  the  people  refolving,  and  fome- 
times  debating  too ;  for  which  fault  {he  was  repre- 
hended by  Arijiotk^  and  (he  had  h(tv  fiiffeies,  and  her 
hundred   men,    with    other    magiftratcs,    executing, 
Rome  confifted  of  the  fenate  propofing,  the  coticio  or 
people    refolving^   and  too  oftent   debating,    which 
cauied  her  ftorms  j    as   alfo  of  the  confuls,  cenfors, 
sediles,   tribunes,  praetors,  quaeftors,  and  other  magi- 
ftrates,  executing.     Venice  confifts  of  the  fenate  or 

fregati 


a  riut,  VxT,  Solon,  b  Oceana,  51. 


Chap.  IV,      DISQUISITIONS.  1 1 

fregati  propofing,  and  fomctimes  refolving  too  ;  of 
the  great,  council,  or  aflembly  of  the  people,  in 
whom  the  refult  is  conftitutively,  as  alfo  of  the 
doge,  the  fignory,  the  cenfors,  the  died,  the  qua- 
zancies,  and  other  magiftrates,  executing.  The 
proceeding  of  the  commonwealths  of  Switzerland 
and  Holland  is  of  a  like  nature,  though  after  a 
more  obfcure  manner :  for  the  foverainties,  whether 
cantons,  provinces,  or  cities,  which  are  the  people^ 
fend  their  deputies  commiflioned  and  inftrudled  by 
themfclves  (wherein  they  referve  the  refult  in  their 
own  power)  to  the  provincial  or  general  conven- 
tion or  fenate,  when  the  deputies  debate,  but  have 
DO  other  power  of  refult  than  what  was  conferred 
upon  them  by  the  people,  or  is  farther  conferred  by 
the  fame  upon  farther  occa(ion.  And  for  the  execu-* 
tive  part  they  have. magiftrates  or  judges  in  every  can-» 
ton,  province,  or  city,  befides  thofe  which  are  more 
public  and  relate  to  the  league,  as  for  afijufting  con- 
troverfies  between  one  canton,  province,  or  city,  and 
another  ;  or  the  like  between  fuch  perfons  as  are 
notof  the  fame  canton,  province,  or  city/ 

Thebes^  in  Bceotiuy  antiently  a  monarchy,  was  af- 
terwards changed  to  a  republic,  and  was  a  free  or 
parliamentary  governrtient  in  the  times  of  Pelopidas 
and  Epamlnondasy  who  raifed  it  to  great  eminence  a- 
mong  the  ftatcs  of  thofe  times,  and  at  whofe  demife 
it  funk  again  into  its  former  ob/curity^, 

Carthage  was  undoubtedly  a  free,  or  parliamen- 
tary ftate,  without  a  king  j  though  I  do  not  know, 
that  Ave  have  a  particular  account  of  its  conftitution 

from 


a  C«r«.  Nei>ou  Vit,  Pblos^,  et  E?am?.n.     Plut,  in  Peloj, 


12 


POLITICAL  Book  I. 


from  any  antient  antbor,  Greek,  or  Latins  for  of  the 
country  itfe'f  we  have  not  fo  much  as  the  name  of  ^ 
writer.  We  read  of  their  having  a  fenate,  and  of  a 
fatal  divifion  among  the  people  by  the Hannonian  fac- 
tion, which  ruined  Hannibah  fchemes,  and  prevented 
his  making  a  total  conqueft  of  Rome  after  the  battle 
of  Canned  ^. 

7  he  2?^;«/^«  government  dovs^n  to  Julius  Cafar  was 
parliamentary.  Their  fenate  maybe  compared  to  our 
houie  of  peers,  as  the  fcnators  fat  for  life,  and  in 
their  own  right.  And  though  the -Rc);??^hj  had  nothing 
cf  reprefen ration  comparable  to  our  houfe  of  com- 
mons, fuppofing  our  houfe  of  commons  incorrupt 
and  independent;  yet  reprefentation,  or  giving  the 
people  their  weight  in  government,  was  what  they 
intended  by  their  tribunes  of  the  people,  and  by  di- 
vidmg  the  people  into  curtce,  comitia,  tribes,  .&c. 
The  Roman  republic  was  but  half-formed,  and  the 
formed  j^art  was  the  leaft  valuable.  We  read  often  of 
the  tribunes  fending  the  confuls  to  prifon;  and,  we 
find  the  fenate  depriving  the  tribunes  of  their  office  ^. 
This  (hews  the  Roman  republic  to  have  been  miferably 
ill-balanced,  when  the  (enate  was  fometimcs  above  the 
tribunes,  and  the  tribunes  fometimesabove  the  confuls. 
Romulus  hzd  originally  divided  the  people  into  three 
tribes,  and  each  of  thefe  into  ten  curiae.  He  chofc 
one  fenator  himfelf,  and  ordered  each  of  the  tribes, 
and  curia  to  chufe  three,  which  amounted  to  loo  in 
all.  None  but  patricians  could  be  fenators.  Thus  99 
of  the  I OD  fenators  owed  their  feats  to  the  people. 
When  the  joo  Sabines  were  added,  they  were  all  patri?* 

cians^ 


rt 


a  See  the  Reman  Hiftorians  of  that  period, 
\>  Ant,  Umv,  Hist,  xiii.  p.  143. 


Chap.  IV.  DISQUISITIONS.  15 

cians,  and  all  chofen  by  the  people.  When  Tarquinius 
Pn'fcus,  to  ingratiate  himfelf  with  the  people  at  his 
acceflion,  chofc  100  fenators  out  of  their  body;  he 
enobied  them  firft.  The  number  of  the  fenators  pro- 
bably continued  to  be  about  300  till  the  timt  oiSylla, 
^30  years  from  Tarquinius  Prifcus,  Sylla  probably 
increafed  the  number  (by  bringing  in  men  for  his  pur- 
pofe,  to  above  400.  But  thefe  additional  fenators 
were  ftill  chofen  by  the  people.  Ccefar^  to  ftrenthen 
his  party,  increafcd  the  fenate  to  900,  introducing  all 
forts  of  men,  as  ne^w-made  citizens,  half  barbarous 
GWj,  foldiers,  arid  fons  of  freed-men.  It  would  be|^ 
ridiculous  to  think  of  the  people's  having  any  hand 
in  this  traiifadion.  For  in  Ccefars  time  the  army 
ruled  all.  And  laftly  the  triumvirs  increafed  the  fenate 
to  above  1000.  In  the  imperial  times  it  is  of  no 
confequence  what  the  number  of  the  fenate  was  ; 
becaufe  all  power  was  then  engroflcd  by  the  emperors, 
and  the  fenate  was  an  empty  name  5  that  mighty 
fenate,  of  which  Cineas  Pyrrhus%  embaffador,  faid, 
it  feemed  to  him  an  alTembly  of  kings ;  that  fenate, 
which  was  for  ages  the  fcourge  of  tyrants,  was  then 
become  a  mere  ergajiulum  of  flaves,  the  drudges,  the 
flatterers,  and  fupporters  of  tyrants. 

After  Coriolianm\  time,  A,  U,  C.  263,  the  plebei- 
ans became  eligible,  without  being  ennobled,  into  the 
fenate.  And  thofe  magiftrates,  who  were  called  curule, 
had  the  privilege,  during  a  certain  time,  of  giving 
their  votes  in  the  fenate,  though  they  were  not 
fenators. 

,  The  Roman  fenators  voted  cither  by  a  general  Aye 
or  No,  fitting  in  their  places,  or  by  feparately  declar- 
ing each  his  fententia^  as  iht  cenfors czWcA  their  names; 
pr  by  dividing,  thofc  for  the  queftion  going  to  one  fide 

of 


14  POLITICAL  BookL 

of  the  houfe,  and  thofe  againft  it  to  the  other,  which 
they  called,  ire  fedibus  in  fententiam  tua?n,  &c.  and 
thofe  fenators,  who  only  divided,  without  giving  their 
reafons,  were  cMcd  fe?iatoris  pedan'iK 

The  Roman  republic  was  indeed  never  finiflied. 
For  the  caprice  of  the  multitude  was  left  to  operate  at 
random.  So  that  every  popular  demagogue  had  it  in 
his  power  to  fpirit  up  the  multitude  to  whatever  pitch 
of  madnefs  might  fuir  hisambitious,orinterefted  views. 
Nor  was  the  general  (enfe  of  the  Roman  people  known 
by  the  fluduating  violence  of  the  mob  of  the  capital, 
who  were  often  deceived,  and  often  influenced,  by 
largcfles  qf  corn,  or  by  (hews  of  gladiators  j  but  who 
had  more  weight  in  the  government,  than  the  confulsj, 
fenate,  and  all  the  citizens  of  Italy  and  the  other  Rg-^ 
man  dominions.  The  error  confided  in  the  want  of 
a  regular  fubdivifion,  and  reprefentation  of  the  people, 
The  body  of  the  people  of  property  ought  to  have 
in  their  own  hands  the  government  of  themfelves. 
But  the  multitude  in  one  great  and  debauched  city 
ought  not  to  be  confidered  as  the  body  of  the  people. 
The  tribunitial  power  was  too  great.  The  appeals 
to  the  people  at  large,  and  their  voting  at  large,  was 
what  firft  opened  a  door  for  the  contefts  of  S^jlla  and 
Mariniy  and  of  Ccefar  and  Pompey^  which  overfet 
liberty. 

The  great  error  in  the  Roman  republic  was.  That 
the  people,  or  plebeians  were  not  reprcfented,  but 
voted  in  a  coUedive  body ;  which  occafioned  conti- 
nual tumult  and  confufion.  They  aflembled  in  innu- 
merable  multitudes,  and  forced   their  tribunes  upon 

what- 


a    Dion,     Halic,      Dion,     Caj:     Liv,    Aj>pian,      Veil,     Pattrc. 
Sutton,   Pajjr, 


Chap.  IV.  D  I  S  QJLJ  I  S  I  T  I  O  N  S.  15 

whatever  their  licentious  fancy  diftated.  They  had 
no  reading  ;  confequently  were  very  ignorant ;  and 
often  chofe  the  worft  meafare,  when  the  fenators,  if 
left  to  thcrnfelves,  would  have  chofen  much  better 
for  them. 

The  Gauls  to  Pharamond's  time,  who  died  A.  D. 
428,  managed  all  affairs  in  the  affembly  of  the  peo- 
ple, where  they  fet  up  and  dethroned  their  kings  at 
their  pleafure. 

The  power  of  the  French  kings  was  antiently  re- 
ftrained  within  very  narrow  limits.     Liberty  was  the 
fame  in  France, ^s  in  all  the  GolhicHsitts,  The  power 
was  in   the   aflembly   of  the   ftates.     The  frequent 
calling  of  general  afiemblies  was  thought  inconvenient. 
Therefore  they  Tiad  (landing  committees,  which  gave 
rife  to  the  parliaments  of  France.    The  parliament  of 
Paris  firft  attended  the  king,  then  was  fixed  to  Paris, 
for  convenience.  They  formerly  judged  the  Peers  and 
great  men  of  the  kingdom,  over  whom  the  king  had 
no  power,  becaufc  they  were  to  be  tried  by  their  peers. 
All  the  great  officers  of  flatc  took  their  oaths  in  par- 
liament j  not  bound  perfonally  to  the  king,  but  in  his 
political  capacity.     Laws  had  no  force,  unlefs  they 
regellered  them.    The  efficiency  of  all  thofe  checks  is 
now  loft.     No  affembly  of  the  ftates  now  heard  of. 
Parliaments  are  only  the  ihadow  of  what  they  were. 
Their  tyrant  has  the  liberties  of  the  fubjedt  entirely  at 
his  mercy  5  imprifons  whom  he  pleafes^  fets  up  what 
judges  he  pleafes,  to  try  whom  he  pleafes,  and  con-.t 
vidt    them   of  what  crime  he   pleafes.     The   great 
officers  take  the  oaths  to  him,  and  are  refponfible  to 
him,  and   not   at   all,    as   formerly,  to  the  people. 
This  is  the  work  oi  Richeliu  \ 

Advices 


A  Mod.  Univ.  Hist,  xliii.  p.  413, 


i6  POLITICAL  BookL 

Advices  from  France,  Jan,  1773,  Signify,  that  the 
princes  of  the  blood  have  yielded  to  the  court,  and 
that  the  parliaments  o{  France  will  be  aboliflied  to  the 
very  name :  the  thing  has  long  been  loft.  This  abo- 
lition has  accordingly  taken  place  fince. 

The  three  eftates  of  France^  in  their  times  of  free- 
dom, vi^ere,  i.  The  clergy  (they  will  always  be  upper- 
moft.)  2.  The  mobility.  3.  The  deputies  of  the 
provinces. 

According  to  the  original  fyftem  of  the  Franks^ 
every  free  fubjedl  was  intituled  to  fome  (hare  in  go- 
vernment, either  in  perfon,  or  by  reprefentationa. 

Frequent  conventions  of  the  ftates  of  'Denmark^ 
when  that  country  was  free,  were  a  fundamental  ar- 
ticle of  the  Danifi  conftitution.  They  confulted  con- 
cerning matters  of  government,  laws,  peace  and  war, 
taxes,  and  promotions  to  offices  ^ 
.  The  Swedi/h  government  has  always  been  upon  a 
parliamentary,  or  free  plan.  In  that  country,  till  the 
revolution  in  1772,  four  eftates  made  the  laws,  viz. 
1000  noblefle,  100  eccleiiaftics  (juft  100  too  majiy J  1^0 
citizens,  and  about  250  peafants  c.  They  had  no 
nobility  before -^.  Z).  1560.  Volt  air  obferves,  that 
Charles  XI.  was  the  firft  abfolute  prince  in  Sweden^ 
and  Charles  XII.  his  gfandfon,  the  laft. 

*  In  Sweden,  the  fupreme  power  is  vefted,  not  in 
the  king,  but  the  fenate,  which  is  no  other  than  a 
committee  of  twelve  chofen  out  of  the  eftates,  or 
parliament  of  the  kingdom,  to  controul  the  king  in 
all  actions,  which  they  diflike  d. 

•The 


a  Mod.  Univ.  Hist,  xxiii.  396. 

b  Ibid.    XXXII.  iS. 

c  Folt,  Ess.  suR.  I'HisT.    IV.  241. 

d  Clutttrbuck\  Speech,  Tind,  Con  tin.  vim.  2151 


Chap.  IV.     DISQUISITIONS.  ly 

*  The  BQlognefey  A,  D>  1200,  had  b'vely  ideas  of 
the  Roman  republic.  They  had  confuls,  whole 
powers  were  Hke  thofe  of  Rome ;  and  many  inferior 
magiftrates,  whom  they  feldom  fufFered  to  continue 
in  power  above  a  year  ^/  In  a  time  of  public  dan- 
ger they  continued  them  feveral  years,  if  they  thought 
them  wife  and  faithful  ^. 

Marfeilles,  like  Holland^  was  a  free  republic  planted 
by  a  fet  of  brave  people  flying  from  flavery  ^. 

Grotius^  celebrates  the  Dutch,  for  that,  like  the 
antient  Romans,  they  have  always  been  againfl  kingly 
government.  That  in  the  times  of  Cajary  the  com- 
mands of  the  people  had  as  much  power  over  iheprin^ 
cipes,  or  eleded  chiefs,  as  theirs  over  the  people, 
Non  minus  in  ipfisjuris^  &c.  «•  Grotim  quotes  Tacitus  ^, 
who  obferves,  that  all  the  Germans  were  for  liberty, 
and  that  by  liberty  the  Romans  meant  republican 
government,  is  evident  from  Tacitus*^  expretlion, 
Urbem  Romam  a  principioy  &c.  Rome  was  originally 
under  kingly  government.  Liberty  (in  oppofition 
to  monarchy)  *  and  the  confular  power  were  efta- 
bliflicd  by  Brutus -y  and  from  LucanZy  Liber- 
fas  ultra  Tanaim,  &c.  Liberty'  (after  the  decilive 
battle)  *  fled  beyond  the  Don  and  iht  Rhine ;  and 
what  is  now  pofleflTed  by  the  German  and  Scythian,  fo 
often  obtained  at  the  expence  of  our  blood,  is  denied 
to  us/ 

The  Spanijh  cortcs  v^ere  much  the  fame  as  our  par- 
liaments, compofed  of  prelates,  maftersof  the  military 

Vol.  I.  D  orders. 


a  Mod   Univ.  Hist.  XXXVII.  3.  b  Ibid.  14. 

c  Ubb,  Emm.  ii.  285. 

d  De  Antiq.u.  Reip.  Batay*  cap.  11. 

e  Caef,  Bell.  Gall,  v,  f  De  Morib.  Geem. 

g  Phars,  vir. 


i8  POLITICAL  Book  I. 

orders,  nobles,  and  reprefentatives  fent  from  the  cities, 
and  towns  (no  mention  of  counties).     No  adl  could 
pafs  unlefs  they  were  unanimous  as  our  juries.     And 
the  ads  muft  be  confirmed  by  the  king.     They  were 
affembled  by  funrimons  from  the  king  and  privy  coun- 
cil, and  diffolved  by  order  of  the   prefident  of  the 
council.      But  a  committee  of  eight  fat  ftill.     They 
have  been  rarely  called  fince  1647.     Their  laft  fitting 
was  in  1713.     They  were  laid  afide  by   CharlesY. 
bccaufe  they  would   grant    no    money,    and   becaufe 
he  found  he  could  raife  money  without  them.     The 
Vifigoths  governed  in  Spain  about    350  years,  termi- 
natmg  about  y^  D.  700.     During  that  period,  Spain 
was  very  refpedable.      Her  government   was   free; 
her  church  more  pure  than  others,  from  popiili  fuper- 
flition,    rejeding  the   pope's   fupremacy.     Her  mo- 
narchs,    eledlive   and   limited,    as   in   almofl:  all  the 
Gothic  ftates,  commanded   the  army,    called  general 
councils,  propofed  the  fubjeds  to  be  confidered,   gave 
their  fandion  to  laws,  gave  out  edids  merely  .execu- 
tive, coined  money,    gave  employments,    conferred 
honours ;    but   all   under   corredion  of   the  general 
council,  who  could  fet  afide  any  of  the  king's  ads  a. 
All  the  northern  nations  had  fuch  a  mixed  form  of 
government,  in  which  no  money  could  be  raifed,  nor 
laws  made,  or  repealed,  but  with  their  confent,   Spain 
is  now  under  ablolute  government,  occafioned  by  the 
timidity  of  the  Cajiilians,   who   finally  gave   up  the 
caufe  of  liberty  on  a  defeat  in  war,  between  them  and 
Charles  V.  which  lafted  only  two   years   (the  Dutch 
fought  for  liberty  70  years).     Charles  told  the  cortes, 
he  wanted  them  to  grant  him  lupplies  firft,  and  then  he 

would 


a  Mod,  U«iy,  Hut.  xix,  480,  482,  484,  486. 


Chap.  IV.      D  I  S  Q^U  I  S  I  T  I  O  N  S.  19 

would  pafs  their  bills.  The  wretched  CafliVtans  gave 
up  the  point,  and  voted  their  tyrant,  whom  they  ought 
to  have  deftroyed,  almofthalf  a  million  fterling.  Such 
is  the  inertia  of  mankind  ». 

The  cortes  of  P^n^^/g*!^/ have  long  fince  ft^ld  to  the 
crovsrn  their  part  in  the  legifiature.  Their  govern- 
ment, which  was  once  free  and  parhamentary,  is  now 
unmixed  defpotifm,  and  their  cortes  like  the  parlia- 
ments of  France^,  The  ceremony  of  giving  Don 
Alonzo^  I.  of  Portugal  the  kingdom,  by  the  public 
approbation  of  the  people,  A.  D,  1140,  exhibited  a 
glorious  fpirit  in  both  king  and  people  c. 

The  Helvetic  confederacy  is  the  moft  confiderablc 
republican  or  parliamentary  government,  after  the 
Venetian^.  The  Swifs  cantons  are  not,  properly 
fpeaking,  a  republic,  but  an  union  of  feveral  repub- 
lics. But  they  have  a  common  aflVmbly,  in  which  all 
matters  interefting  to  the  whole  community  are  de- 
bated ;  whatever  is  there  determined  by  the  majority, 
binds  the  whokj  they  all  agree  in  making  peace,  and 
declaring  war ;  and  the  laws  and  cuftoms,  which  pre- 
vail throughout  the  Swifs  cantons,  are  (excepting  the 
difference  in  religion  between  the  proteftanc  and 
popifh  provinces)  nearly  the  fame^.  There  are,  in- 
deed, fome  differences  both  in  conilitution  and  admi- 
niftration.  But  fo  are  there  differences  between  the 
three  kingdoms,  and  the  numerous  colonies,  which 
compofe  the  Britijh  dominion;  nay  there  are  differences 
between  the  cuftoms  in  the  feveral  counties  of  Eng^ 
lancL  All  this  (hews,  contrary  to  a  common  preju- 
dice. 


a  Mod.  Univ.  Hist,  xliii.  365. 

b  Ibid.  389.  c  Ibid,  xxil,  25. 

d  Simkri,    Helv.  Descr.  p.  25.  c  Ibid.  27., 


20  POLITICAL  BookL 

dice,  that  the  largeft  dominions,  as  well  as  the 
fmalleft,  niay  be  adminiftred  in  the  republican  form 
with  as  much  fuccefs  as  in  the  monarchical.  The 
Roman  republic  took  in  a  much  greater  extent  of 
dominion  than  many  modern  kingdoms  put  together ; 
and  was,  with  all  its  imperfections,  as  well  admini- 
ilered,  to  fay  the  leaft,  as  moft  monarchies  have  been* 
But  this  is  matter  of  fpeculation  merely. 

The  diet  of  Poland  is  conftitutionally  compofed  of 
king,  fenate,  biihops,  and  deputies  of  the  landholders 
of  every  palatinate.  Every  owner  of  three  acres  of 
land  has  a  vote  for  a  member.  And  the  majority 
carries  every  point.  But  in  the  general  diet,  unani- 
mity is  neceffary.  Every  palatinate  (without  regard 
to  the  towns  in  it)  fends  three  members.  The  indi- 
gent gentry  are  always  direded  by  fome  perfon  of 
fuperior  fortune,  influence,  or  ability.  The  diet  of 
Poland  confifts  of  an  upper  and  lower  houfe.  The 
upper  houfe  contains  the  fenate,  the  fuperior  clergy, 
•and  the  great  officers;  the  lower  the  reprefentatives 
of  the  palatinates  a.  An  edid  by  king  JageHQn,  who 
reigned  in  the  i6th  century,  found  contrary  to  his 
coronation  oath,  was  hewn  in  pieces  before  his  face 
by  the  Pols/b  fabres  ^,  The  Polijh  nobility  will  not 
give  up  the  privilege  of  eleding  their  kings,  though 
they  always  eledt  the  hereditary  fucceffor^.  By  this 
they  imprefs  their  Kings  with  the  idea  of  obligation 
to  their  fubjeds;  and  at  the  fame  lime,  the  heir  to 
the  crown  is  properly  educated. 

«  * 

When 


a  Mod.  Ukiv.  Hist,  xxxiv.  lo.  b  Ibid.  523. 

C  Siauijl.  Krzij^ano'wiCf  PoLO*r,  Descr.  p.  27, 


Chap.  IV.        DISQUISITIONS.  2i 

« 

When  liberty  began  to  dawn  (fays  Voltaire)  ^  about 
jl.  D.  1300,  the  ftates  general  oi France,  the  parlia- 
ment of  England,  the  ftates  of  Arragon  and  Hungary, 
and  the  diets  of  the  German  enmpire  were  all  nearly 
on  the  fame  foot,  as  to  the  privileges  and  confequence 
of  the  third  cftate.  [We  have  feen  fome  difference 
arife  fince  the  above  period.  Let  Britain  take  care, 
left  fhe  come  into  the  condition,  into  which  thofe 
ftates  are  fallen.] 

France  (fays  the  fame  author)  b  was  once  governed 
as  England  is  now.  The  kings  aflembled  the  ftates. 
In  the  year  1355,  they  made  their  king  ^ohn  fign  a 
charter  much  like  the  Magna  Charfa  oi England, 

There  was  fcarce  an  abfolute  prince  in  Europe, 
about  the  13th  century.  But  the  nobles  were  tyrants, 
and  the  feudal  tenures  univerfal^  In  ftiort,  to  ufe 
the  words  of  the  great  Alg,  Sidney^,  In  Germany^ 
France,  Spain,  Sweden,  Denmark,  Poland,  Hungary, 
Bohemia,  Scotland,  England,  and  generally  all  the 
nations,  that  have  lived  under  the  gothic  polity,  this 
ftipreme  power  has  been  in  their  general  afTemblie? 
under  the  name  of  diets,  cortes,  fenates,  parlia- 
ments, &c. 

a  Ess.  svR.  THisT.  11.  189.  blbid.i28« 

c' Mod.  Univ.  Hist,  XLiii.    521. 
i  On  Gov,  p.  378. 


BOOK 


22  POLITICAL  Book  II. 


B     O     O     K     11, 

Of    Parliaments. 


CHAR      I. 

Parliaments  irregular  and  deficient,  i ,  By  Eftablijh- 
ment.  2,  By  Jhu/e.  By  'Ejiablifloment  they  are 
an  inadequate  Reprefentation  oj  the  People,  and  their 
Period  is  too  long.     By  Abufe  they  are  corrupt. 

PARLIAMENTS  in  England  have  been  of  very 
fludluating  importance  in  different  ages.  Jt 
v/as  long  before  they  got  to  what  might  be 
called  a  bearing.  And  even  nows  there  is  in  them 
infinitely  more  wrong  than  right,  as  will  too  mani- 
feftly  appear  by  what  follows. 

Parliaments  are  irregular  and  deficient,  i,  by  efla- 
blifhment;  and  2,  by  abufe.  When  I  diftinguifli 
between  the  irregularities  and  deficiencies  in  our  par- 
liaments by  eftablidiment,  and  by  abule,  I  mean  by 
the  former  fuch  irregularities  and  deficiencies  as  are 
known  and  avowed,  as  their  too  great  length,  their 
being  an  inadequate  reprefentation,  &c.  By  the  lat- 
ter, I  mean  thofe  which  have  infer  fibly  crept  in,  and 
prevail  through  connivance,  as  corruption  at  eledions, 
and  in  the  houfe,  &c. 

It  is  juftly  remarked  by  Mv.Hume,  That  whatever, 
in  government,  is  publicly  allowed  at  any  particular 

period. 


Chap.  I.       DISQ^UISITIONSe  23 

period,  may  be  faid  to  be  conftitutional  at  that  period, 
elpecially  (it  may  be  added)  if  it  has  been  regu- 
larly and  openly  introduced  and  eflablifhed  by  appro- 
bation of  the  majority  of  thofe,  who  have  the  power 
of  eftablilhing  it. 

The  lengthening  of  parliaments  from  annual  to 
triennial,  and  from  triennial  to  leptennial,  is  undoubt- 
edly an  abufe  (of  which  more  hereafter)  but  being 
avowedly  effected  at  firft,  and  allowed  lince,  this 
abufe  becomes  conftitutional. 

But  the  buying  of  boroughs,  and  of  votes  in  the 
houfe  of  commons,  was  never  fairly  eftablifhed,  nor 
openly  avowed  as  a  regular  proceeding,  and  is  there- 
fore a  mere  abufe,    and  not  a  conftitutional  error. 

Almoft  all  political  eftablifliments  have  been  the 
creatures  of  chance  rather  than  of  wifdom*  There 
are  few  inftances  of  a  people  forming  for  themfelves 
a  conftitutipn  from  the  foundation.  Therefore  it  is 
impofllble  to  fay  what  would  be  the  effed  of  a  perfedt 
commonwealth  ,  there  being  no  example  of  fuch  a 
pha^nomenon.  The  common  courfe  of  thofe  matters 
has  been,  that  either  a  people  have  emigrated  from  an 
old  cftablifhed  government,  and  have  wrough  t  into  their 
new  fyftem  of  politics  the  errors  and  deficiencies, 
which  had  crept  into  the  old  ;  or  a  few  wife  and  good 
men  have  undertaken  to  repair  and  patch  up  a  crazy 
conftitution ;  and  then,  like  Soloriy  they  found  them- 
felves obliged  to  be  content  with  as  good  a  confti- 
tion  as  the  people  would  bear,  inftead  of  fuch  an  one 
as  a  wife  legiflator  could  frame.  And  in  eftablifhing 
this  conftitution,  they  have  been  obliged  to  yield  to 
the  violence  of  party,  and  the  blindnefs  of  prejudice, 
and  to  fuffer  various  particulars  to  be  eftabliflied  con« 
trary  to  their  own   better  judgment.     So  that  the. 

machine 


24  POLITICAL         Book  11? 

machine  of  government  being  puftied  one  way  by  one 
party,  and  the  contrary  by  another,  is  at  laft  puftied 
into  a  bog,  or  fet  on  the  edge  of  a  precipice,  and  left 
out  of  the  perpendicular,  like  the  hanging  tower  of 
Fifry  to  be  propped  and  fhored  up  by  poTterity.  This 
is  in  part  the  cafe  of  our  own  conftitution,  efpeci- 
ally  with  refpedt  to  the  commons  houfc  of  parliament. 
If  there  be  in  a  fhip  at  lea  ten  leaks,  to  flop  nine 
of  them  will  not  put  the  crew  in  a  ftate  of  fafety  ; 
though  they  muft  perhaps  be  flopped  one  after  another^ 
they  muft  all  be.  flopped,  elfe  the  confequence  is 
obvious; 

Recipient  inimicum   imhrenti   Sec.  VlRC. 

There  are  feveral  frightful  leaks  in  the  great  veflcl 
of  the  Britijh  ftate,  which,  if  they  be  not  all  ftopped, 
muft  fink  it. 

The  grievance^  requiring  redrefs,  which  refpecft 
parliament,  are  chiefly  thefe  :  i.  By  eftabliftimcnt 
they  are  in  no  refpedt  a  reprefentation  of  the  property 
of  the  people.  2.  Their  period  is,  like  wife  by  efta- 
blifhment,  of  an  enormous  length.  3.  They  are,  by 
abufc,  corrupt,  or  fallen  under  an  undue  influence 
both  as  to  the  eledlion  of  members,  and  their  voting 
in  the  houfe. 


CHAP.      II. 

Inadequate  Reprefentation,    its  Dijadv  ant  ages* 

WHEN  our  anceftors   firft  propofed  govern- 
ment by  reprefentation,    it  is  certain,  they 
intended   adequate  reprefentation;  for   no 
ether  deferves  the  name,  or  anfwers  the  end. 

[  Every 


Chap.  n.  DISQUISITIONS.  25 

*  Every  Englijhman  (fays  Sir  Thomas  Smiths)  is 
intended  to  be  prefent  in  parliament,  either  in  perlon, 
or  by  procuration  and  attorney,  of  what  preeminence, 
ftate,  dignity,  or  quality  foever  he  be,  from  the 
prince  to  the  loweft  perfon  oi  England,  And  the 
confent  of  the  parliament  is  taken  to  be  every  man's 
con  fen  t'. 

In  a  free  ftate  (fays  judge  Blackjlone^)  every  man, 
who  is  fuppofed  a  free  agent*  (that  is,  not  through 
poverty,  abfolutely  dependent  on  the  will  of  another) 
ought  to  be,  in  fome  meafure,  his  own  governor, 
and  therefore  a  branch,  at  leaft,  of  the  legiflative 
power  ought  to  refide  in  the  whole  body  of  the 
people*. 

It  is  evident,  that  inadequate  reprefentation  in  par- 
liament is  utterly  inconfiftent  with  the  idea  oi  Jree 
government.  For  a  people  governed  contrary  to  their 
inclination,  or  by  perfons,  to  whom  they  have  given 
no  commiffion  for  that  purpofe,  are,  in  the  propereft: 
fenfe  of  the  phrafe,  an  enjlaved  people ,  if  ever  there 
was  an  enflaved  people. 

'  //  (ft  ejjentiel  de  fixer,  &c.  It  is  neceirary'(  fays  the 
excellent  Mc«/^j'///>«  c)  <  to  fix  the  number  of  citi- 
zens who  arc  to  vote ;  otherwife  it  is  uncertain 
vs^hether  the  people,  or  only  a  part  of  the  people, 
have  given  their  lenfe/  (We  know  full  well,  that  it 
is  but  a  very  fmall  part  of  the  people  of  £;/^/^;2^whofc 
votes  fill  the  houfe  of  reprefentatives,  and  that  the  votes 
of  both  eledors  and  members  are  mod  barefacedly 
influenced.)  *  At  Sparta,  -the  fenfe  of  the  people  was 
colleded  from  a  fuffrage  of  10,000.     At  Rome,    this 

Vol.  I.  E  was 


a  Com.  Wealth  of  Eng.  37. 
h  Blackji,  CoMM.   1.   158. 

C  Monte/q,  V  ESPR,  DES.  LOIX.  I,   IJ. 


26  POLITICAL  Book  II. 

was  negleded  j  which  was  one   great  caufe    of  its 
ruin. 

To  compare  great  things  with  fniall,  could  the 
Eaji  India  company  be  faid  to  be  tftablifibed  on  a 
proper  toot,  \i  ico  proprietors,  whofe  flock  amount- 
ed in  all  to  5,000/.  had  the  power  of  chufing 
the  court  of  diredors  againll  the  votes  of  5000 
proprietors,  whofe  ftock  was  worth  5,000,000/,  and 
if  the  court  of  directors,  when  chofen,  poiTeffed 
abfolate  power  v/ithout  a  peal,  and  thought  them- 
felves  refponfible  to  no  fet  of  men  upon  earth  ? 
Or  if  a  friendly  focicty  confiding  of  100  members 
found  that  the  whole  power  of  the  fociety  was  en- 
groffcd  by  3  members  5  and  that  the  others  could 
obtain  nothing  they  wanted,  or  in  the  manner  they 
wiilied  to  have  it ;  could  this  fociety  be,  with  any 
fhadow  of  propriety,  called  free  ?  That  parliamen- 
tary reprefentation  on  its  prefent  foot,  is  as  incon- 
fiftent  with  liberty,  will  appear  but  too  clearly  in  the 
fequel. 

That  2i  part  of  the  people,  2^  fmall  part  of  the  peo- 
ple, and  the  moft  needy  and  dependent  part  of  the 
people,  (hould  engrofs  the  power  of  eleding  legifla- 
tors,  and  deprive  the  majority,  and  the  independent 
part  of  the  people  of  their  right,  which  is,  to  chufe 
legiflators  for  themfelves  and  theminorify  and  depen- 
dent part  of  the  people,  is  the  grofTeft  injuflice  that 
can  be  imagined. 

Every  government,  to  have  a  reafonable  expec- 
tation of  permanency,  ought  to  be  founded  in  truths 
iujiice^  and  the  reajon  of  things.  Our  admirable  con- 
ftitution,  the  envy  of  Europe^  is  founded  in  injujiice. 
Eight  hundred  individuals  rule  all,  themfelves  accoun- 
table to  none.     Of  thefe  about  300  are  born  rulers, 

whether 


Chap.  IL         D  I S  QJJ  I S  I  T  I O  N  S.  27 

whether  qualified  or  not.  Of  the  others,  a  great 
many  are  [aid  to  be  eleded  by  a  handful  of  beggars 
inftead  of  the  number  and  property,  who  have  the 
right  to  be  the  eledlors.  And  of  thefe  preten  led 
electors,  the  greatefl  part  are  obliged  to  chuf;^  the 
perfon  nonninated  by  fome  lord,  or  by  the  minifter. 
Inftead  of  the  power's  returning  annually  into  the 
hands  of  the  people,  or,  to  fpeak  properly  of  the 
boroughs,  the  lengthening  of  parliament  to  fepten- 
nial,  has  deprived  them  of  fix  parts  in  kvtn  of  their 
power  -y  and  if  the  power  returned  annually,  as  it 
ought,  all  the  people  would  ftill  have  reafon  to  com- 
plain, but  the  handful^  who  vote  the  rjiembers  into 
the  houfe. 

In  confequence  of  the  inadequate  ftate  of  reprefcn- 
tation,  the  fenfe  of  the  people  may  be  grolly  mif- 
apprehended,  or  mifreprefented,  and  it  may  turn  out 
to  be  of  very  little  confequence,  that  members  were 
willing  to  obey  the  inftrudtions  of  their  conftiuents  \ 
becaufe  that  would  not  be  obeying  the  general  fenfe 
of  the  people.  For  the  people  are  not  their  confti- 
tuents.  The  people  of  England  are  the  innumerable 
multitude  which  fills,  like  one  continued  city,  a  great 
part  of  MiddlefeXy  Kent  and  Surry ;  the  countlefs 
inhabitants  of  the  vail:  ridings  of  Torkjhire,  the  mul- 
titudes, who  fwarm  in  the  cities  and  great  towns 
of  Brijloh  Ltverpioly  Manchejier^  Birmingham ,  Eljy 
and  others;  (ovnt  of  which  places  have  no  repre- 
fentatives  at  all,  and  the  reft  are  unequally  repre- 
fented.  Tlieie  places  comprehend  the  greateft  part 
of  the  people.  Whereas  the  inftrudions  would  be 
fent  from  the  hungry  boroughs  of  Corn^wal,  Devon^ 
fiire,  Sec,  In  (hort,  .the  fenfe  of  the  conftituents 
would  be,  at  beft,  only  the  fenfe  of  a  fev/  thou- 
fands  ;  whereas  it  ou^ht  to  be  that  of  federal  hun- 
dreds 


28  POLITICAL  Book  L 

dreds  of  thQufands,  as  will  be  very  clearly  made  out 
by  and  by. 

*  Neither  in  Scotland nov  England  (fays  Rapin^yiM 
are  refolutions  of  parliament  to  be  always  confider^P 
as  the  fenfe  of  the  nation.  It  is  a  defedt  of  tl|e 
conilitution  of  both  houfes,  that  the  mtm-.  ers  of 
parliament  rec^iive  no  inftrudions  from  their  el^dors. 
The  mement  they  sre  met,  they  become  matters 
and  fovereigns  of  thofe  by  whom  they  are  chofen, 
and  palm  upon  the  nation  their  own  decifions  for 
thofe  of  the  public,  though  they  are  often  contrary 
uO  the  fentiments  and  interefts  of  the  people  they 
reprefent.  Inilances  arc  fo  frequent,  that  I  need 
not  ftay  to  prove  what  I  advance/  '  It  muft  not 
be  imagined  (fays  he  b)  that  then,'  (in  the  times  of 
He7try  VII  I.)  *  any  more  than  at  this  day,  whatever 
the  parliament  did  was  agreeable  to  the  general 
opinion  of  the  nation.  The  reprcfentative  was 
chofen  as  at  prefent,  without  any  inftrudion  con- 
cerning the  points  to  be  debated  in  parliament, 
nay  without  the  people's  knowing  ar^y  thing  of  them. 
Thus  the  houfe  of  commons  had,  as  I  may  fay,  an 
unlimited  power  to  determine  by  a  majority  of  votes, 
with  the  concurrence  of  the  lords  and  aflent  of  the 
king,  what  they  deemed  proper  for  the  welfare  of 
the  kingdom.'  [In  our  times  (the  prefent  always  ex- 
cepted) what  they  deem  proper  for  the  welfare  of  the 
j'jnto>]  *  There  was  no  neceffity  therefore,  in  order 
10  obtain  what  the  court  defired,  of  having  the  con- 
fent  of  the  pec  pie,  but  only  the  majority  of  voices  in 
both  houfes.  Hence  it  is  eafy  to  conceive,  that  the 
court  ufed  all  imaginable  means  to  caufe  fuch  mem- 
bers  to    be  eleded,    as  were   in   their   fentiments. 

This 


a  Rapifi,  II.  583.  b  Ibid.  11.  9. 


Chap.  IL         DISQUISITIONS.  29 

This  is  now,  and  ever  will  be  pradifed,  till  fome 
cure  is  found  for  this  inconvenience.  I  call  it  an  in- 
^Irfvenience,  becaufe  it  happens  fometimes  that  the 
jfaniament  paflcs  ads  contrary  to  the  general  opinion 
of  the  nation/ 

Under  a  whig  miniftry  (fays  the  fame  author^)  we 
fee  a  whig  parliament  chofen,  under  a  tory  miniftry  a 
tory  parliament.  '  It  has  frequently  happened,  that  the 
refolutions  of  the  lower  houfe  have  been  diredtly  con- 
trary to  the  fentiments  of  the  people,  whom  they 
reprefented.  So  it  is  not  the  people,  or  commons  of 
England  \h2ii  (hare  the  legiflative  power  with  the  king 
and  peers  ;  but  the  reprefeatatives,  who  enjoy  a  pri- 
vilege, which  belongs  only  to  the  people  in  gene- 
ral, to  whom  however  they  are  not  accountable  for 
their  condud.  All  they  can  fuffer,  if  they  have 
aded  in  parliament  contrary  to  the  fenle  of  their 
county,  or  borough,  is  not  to  be  eleded  again  b/ 

Parliament  under  Henry  VIII.  confirmed  the  de- 
molition of  the  papal  power  over  England^  and  the 
diflblution  of  the  religious  houfes;  und^r:  Edward  Y I. 
demolifhed  popery;  under  Mary,  fet  it  up  again; 
under  Elizabeth,  overthrew  it  a  lecond  time.  So  we 
have  ittn  parliament  ftamp  the  Americans^  then  un- 
ftamp  them,  and  then  tax  them  in  a  new  manner. 
Parliament  has  not,  in  thefe  fudden  doines  and  un- 
doings,  followed  the  fenfe  of  the  people.  The  un- 
fteady  people  are  not  fo  unfteady  as  this  comes  to. 
In  former  times,  parliament  was  too  much  overawed 
by  the  authority  of  kings:  in  latter  times,  too  much 
fwayed  by  mimjlerial  iwAntnct',  and  all  this  in  con- 
fequence^of  its  being  in  no  rcfped  a  juft  and  accoun- 
table reprefentative  of  the  people. 

'  In 

a  Rapin,  II,  806,  b  Ibid. 


30  POLITICAL  Book  IL 

*  In  former  gges'  (fays  Mr.  Cornwall,  in  the 
houfe,  A.  D.  1685.)  '  the  cornj  lexion  of  this  houfe 
might  have  been  depended  un  as  2  true  reprefenta* 
tion  of  the  inclinations  of  the  people-,  but  by  what- 
ever magic  art  it  has  been  brought  about,  the  cafe 
is  now  diredlly  contrary.  The  complexion  of  this 
aflembly  is  always  the  fame  with  that  of  our  mini-- 
Jlers.  We  adopt  all  their  mealures.  We  applaud 
every  ftep  of  their  conduct.  We  are  angry  with 
thofc  they  happen  to  be  angry  with.  We  enquire 
when  they  fet  us  on  ;  and  we  ftop  when  they  fay. 
You  have  gone  far  enough.  Sir,  we  have  had  for 
many  years  part  a  courfe  of  moft  excellent  minillers, 
or  this  houfe  has  by  fome  ma-zic  art  been  rendered 
blind  to  their  failings.  I  fay  fome  m?gic  art,  for  if 
by  any  art  we  have  been  rendered  remiis  in  our  duty, 
it  muft  have  been  by  fome  art  of  the  Devil  permitted 
by  God  Almighty  for  the  punifhment  of  our  fins; 
and  if  fo,  I  hope  he  will  difpell  the  enchantment, 
before  we  have  blindly  run  ourfelves  into  irrecovera- 
ble perdition.' 

The  nation  in  general  difapproved  of  the  proceed- 
ings of  the  tory  commons,  A,  £).  1701,  and  the 
juftices  of  peace,  grand  jury,  freeholders,  &c.  of  Kent 
prefcnted  a  petition,  lamenting  the  divifions  in  the 
kingdom,  and  the  reflexions  call  upon  the  king 
(by  the  commons)  recommending  union,  attention  to 
the  fenfe  of  the  people,  fupplies,  &c.  The  houfe 
votes  it  fcandalous,  infolent,  feditious,  tending  to 
deftroy  the  conftitution  of  parliament,  and  to  fubvert 
the  eftablifhed  government  of  thefe  realms.  They 
ordered  the  gentlemen,  who  prefented  it,  to  be  taken 

into 


a  ^/;w.  Deb,  Com,  11,  192, 


Chap.  II.  D  I  S  QJJ I  S  I T  I  O  N  S.  31 

intocuftody*  One  efcaped.  It  was  apprehended  that 
force  would  be  ufed  to  refcue  the  others.  The  houfe 
orders  them  to  the  gatehoufe,  and  addreffes  the  king 
to  iffuc  his  proclamation  for  apprehending  Colepepper 
again,  and  for  putting  out  of  the  commiffion  ot  the 
peace  and  lieutenancy  fuch  of  the  petitioners  as  were 
in  them.  Then  the  legion  letter  was  fent  to  the 
fpeaker,  which  begun  thus,  *  Gentlemen,  it  were  to 
be  wi{hed  you  were  men  of  that  temper,  and  pof- 
feffcd  of  fo  much  honour,  as  to  bear  with  the  truth, 
though  it  be  againft  you,  efpccially  from  us,  who 
have  fo  much  right  to  tell  it  10  you  :  But  fince 
even  petitions  to  you  from  your  mafters  (for  inch 
are  the  people  who  chufe  you  (are  fo  haughtily 
received  as  with  the  committing  the  authors  to  ille- 
gal cuftody  5  you  mult  give  us  leave  to  give  you 
this  fair  notice  of  your  mifbehaviour.  If  you  think 
fit  to  redify  your  errors,  you  will  do  well,  and 
poflibly  may  hear  no  more  of  us  ^  but  if  not,  affure 
yourfelves  the  nation  will  not  long  hide  their  reient- 
ments.  And  though  there  are  no  ftated  proceed- 
ings to  bring  you  to  your  duty,  yet  the  great  law 
of  reafon  lays,  and  all  nations  allow,  that  whatever 
power  is  above  law,  is  burdenfome  and  tyrannical, 
and  may  be  reduced  by  extra-judicial  methods.  You 
are  not  above  the  people's  refentment ;  they  that 
made  you  members  may  reduce  you  to  the  fame 
rank  from  whence  they  chofe  you,  and  may  give  you 
a  tafte  of  their  abufed  kindnefs  in  terms  you  may 
not  be  pleafed  with,  &c.  a* 

The  imprifoning  of  the   Kentijh   petitioners   was 
afterwards  condemned  in  parliament.     Yet  the  com- 
mons 


a  Deb,   Coi*.  hi.  142.     ^«r«.  Hist,  own  Times,  hi.  381, 


32  POLITICAL  BookU. 

mons  condemned  the  petition  itfelf,  and  refolved,  that 
to  affert,  that  the  houfe  of  commons  is  not  the  only 
reprefentative  of  the  commons  of  England^  or  that  the 
commons  have  no  power  of  commitment,  but  over 
their  own  members,  or  to  refled  on  the  proceedings 
of  the  houfe,  or  of  any  member  in  the  houfe,  are 
high  violations  of  the  privileges  of  the  houfe  of  com- 
mons a.  All  this  is  the  heigth  of  defpotifm,  and  is 
indeed  inconfiftent  with  itfelf. 

Queen  A?ine,  in  her  anfwer  to  the  parliament's 
addrefs,  A.D,  17 14,  fays,  Sheefteems  the  addrefs  and 
approbation  of  the  peace  of  Utrecht,  the  undoubted 
voice  of  her  people'  But  the  lords  in  their  firft  addrefs 
to  George  1.  fay,  *  It  was  by  no  means  to  be  imputed 
to  the  nation  in  general/  And  the  commons  in 
Icfs  than  a  year  afterwards,  fald,  *  As  that  diftionour 
cannot  in  jufticebe  imputed  to  the  whole  nation,  &cc.' 
All  this  fliews  that  a  parliament  may  have  one  intereft, 
and  the  nation  another.  This  could  not  be,  if  par- 
liaments were  really  what  it  is  pretended  they  are  b. 

*  The  treaty  of  Utrechf  (fays  the  duke  of  Argyle  c, 
in  the  houfe  of  peers,  A.  D.  1739)  *  was  approved  of 
by  a  majority  in  both  houfes  of  parliament.  1  remem- 
ber, I  then  difapproved  of  it,  and  gave  my  fenti- 
ments  very  freely  in  this  houfe  againft  it;  and  I 
remember  the  reward  I  met  with  for  fo  doing.  That 
very  treaty  was  in  a  following  parliament,  io  highly 
difapproved  of,  that  fome  of  thofe  who  had  the  chief 
hand  in  making  it,  were  puniflied  by  parliament; 
and  others  had  perhaps  been  more  feverely  punifhed 
if  they  had  not  fled  from  juftice.  This  my  lords, 
may  perhaps  be  the  fate  of  the  convention  in  fome 

future 


a  Tind,  CoNTiN.  I.  503.  b  Ibid.  11.  356. 

c  Deb.  Lords,  vi.  332. 


Chap.  II.         D  I  S  QJLT I  S  I  T  I  O  N  S.  33 

future  parliament,  though  the  father  of  it  feems  now 
extremely  fond  of  his  child  :  for  I  cannot  but  look 
upon  his  niajefty's  fpeech  and  the  addrefs  now  pro- 
pofed  as  a  fecond  approbation  of  that  convention. 
I  mufl  think  them  deiigned  as  a  new  triumph  over 
thole  that  oppofed  it,  which  can  give  no  great  joy 
to  the  nation,  whatever  it  may  do  to  the  father  of 
the  convention ;  and  therefore  I  wiih  that  in  order 
to  make  his  country  rejoice  as  well  as  himfelf,  he 
would  hereafter  take  as  much  care  to  triumph  over 
thofe  that  oppofe  it.' 

When  the  bill  for  fearching  houfes  in  queft  of 
failors  was  before  the  comm.ons,  A.  D.  J 739,  it  was 
found  to  be  very  unpopular,  and  the  people  of  Glocef" 
terjhire  petitioned  againft  it  in  a  very  high  ftyle, 
*  That  it  would,  as  the  petitioners  apprehend,  impofe 
hardfliips  upon  the  people  too  heavy  to  be  borne,  and 
excite  difcontents  in  the  minds  of  his  majefty's  fub- 
je^s  ;  would  fubvert  all  the  rights  and  privileges  of 
a  Britoriy  and  overturn  Magna  Charta  itfelf,  the  bafis 
on  which  they  are  built;  and  by  thefe  means  deftroy 
that  very  liberty,  for  the  prefervation  of  which  the 
prefent  royal  family  was  eftablifhed  upon  the  throne 
of  Great  Britain  \  for  which  reafons  fuch  a  law  could 
never  be  obeyed,  or  much  blood  would  be  (hed  in 
confequence  of  it.'  The  houfe  took  fuch  offence  at 
this  petition,  that  they  voted,  196  to  144,  it  (hould 
not  lie  upon  their  tabled. 

Hear  Mr.  Pitt  on  thisfubjeft,  A.  D.  1741.  '  The 

misfortune  is,   that   gentlemen   who   are   in    office, 

feldom  converfe   with  any  but  fuch  as  are  in  office, 

and  fuch    men,    let    them   think   what   they  will. 

Vol.  I,  .  F  always 


a  Deb.  I^ords,  vi.  289, 


34  POLITICAL  Book  II. 

always  applaud  the  condudl  of  their  fuperiors ;  con- 
fequently,  gentlemen  who  are  in  the  adminiftration, 
or  in  any  office  under  it,  can  rarely  know  what  is 
the  voice  of  the  people.  The  voice  of  this,  houfe 
was  formerly,  I  fhall  grant,  and  always  ought  to 
be  the  voice  of  the  people.  -  If  new  parliaments  were 
more  frequent,  and  few  placemen  and  no  penfioners 
admitted,  it  would  be  fo  ftill;  but  if  long  parliaments 
be  continued,  and  a  corrupt  influence  (hould  pre- 
vail, not  only  at  elections,  but  in  this  houfe,  the 
voice  of  the  houfe  will  generally  be  very  difl^erent, 
aiay  often  dire<£lly  contrary  to  the  voi?e  of  the  peopled 
So  that  gentlemen  thought  30  years  ago,  and  ta 
the  fame  purpofe,  a  few  years  fince,  on  the  ftamp- 
a6t,  he  charged  the  houfe  of  commons  with  an  unli- 
mited compliance  with  the  demands  of  the  minifliry. 

In  the  cafe  of  AJhby  and  Whiter  the  refolutions  of 
the  commons  were  diredly  contrary  to  the  fenfe  of 
the  people.  The  people's  univerfal  opinion  v^as,  that 
the  commons  took  too  much  upon  them  ;  and  that 
any  perfon  may,  and  ought  to  appeal  to  the  courts  of 
juftice  and  the  law  of  the  land,  when  bethinks  him- 
felf  deprived  of  his  right  as  an  eledor;  the  refolu- 
tions of  a  houfe  of  commons  being  unfteady  and 
vague,  while  the  law  of  the  land  is  notorious  and  per- 
manent.    Of  which  more  hereafter. 

We  have,  in  our  own  times,  feen  a  moft  remark- 
able inftance  of  difagreement  between  the  fenfe  of.  the 
people,  and  that  of  parliament.  We  have  {^zn  par- 
liament repeatedly  expel  Mr.  Wilkes,  And  we  have 
feen  the  people  fo  highly  offended   at  this  proceeding, 

that 


a  Deb.  Com,  xii  i.  172, 


Chap.  IL       DISQUISITIONS.  3*5 

that  60,000  of  them  have  petitioned  the  king  to  diffolve 
this  parliament.     In  confequence  of  which  numerous 
petitions,  it  was  to  be  expected,  that  feme  notice  would 
be  taken  in  the  king's,  that  is  the  minifter's  fpeech,  next 
cnfuing.     Inftead  of  which  (fo  low,  is  the  people's  im-. 
portance  funk,  and  fo  little  regard  (hewn  to  their  opi- 
nion) the  laughter  of  all  Europe  was  excited  by  a  few 
frivolous  paragraphs  about  a  pretended  ficknefs  among 
the  horned  cattle,  of  which  no  body  had  heard  any 
thing  before  as  then  exilling  in  England,  nor  has  any 
one  fince.     It  was  moved  in  the  houfe  of  commons, 
that,  in  their  addrefs,  in  anfwer  to  the  above  profound 
fpeech,     the  houfe  fhould  declare  their  intention  of 
enquiring  into  the  caufes  of  the  prefent  difcontents. 
Several  of  the  courtly  members  gravely  denied  that 
there  was  any  difcontent  in  the  kingdom,^    though 
they  knew  that  60,000  had  fubfcribed  petitions  for  a 
diffolution  of  parliament.     They  might  have  argued 
more  plaufibly,   that  there  was   no  parliament  then 
exifting.     For  it  will  appear  prefently^  that  a  tenth 
part  of  the  above  number  fends    in  the  majority  of 
the  houfe.     And  if  the  voluntary  petition  of  60,000 
deferves  no  regard,  furely  the  bought  votes  of  5000 
ought  to  go  for  nothing.     Others  of  the  oppofers  of 
the  motion  faid.   The  affair  did  not  come  regularly 
before  them  ;  as  if  they  had  declared,  that  the  houle 
of  commons,  the   grand  inqueft  of  the  nation,    the 
reprefentatives   of  the    people   of  England,    are  not 
obliged  to  enquire  into  a  matter  of  fuch  confequence 
in  the  opinion  of  the  people,   that   60,0:0   of  them 
had  thought  it  neceffary  to  complain  to  the  fovereign; 
or  as  if  they  fo  wholly  difregarded  the  opinion  often 
times  the  number  of  the  elecliors  of  the  majority  of 
their    houfe,   concerning   their    own    conduct^    that 
they  did  not  think  it  worth  while  to   enquire  what 
^  had 


36  POLITICAL  Book  II. 

had  fo  grievbufly  offended  fo  great  a  number  of  their 
conftituents,  as  to  provoke  them  to  the  unufual  mea- 
fure  of  petitioning  the  king  for  their  diflblution. 
Others  of  the  courtly  gentlemen,  in  imitation  of 
Walpole^  faid,  the  petitioners  were  bafe-born.  But 
furely  they  could  not  be  more  bale -born,  than  the 
beggars,  who  fend  in  the  majority  of  the  houfe  of 
commons. 

The  minifterial  party,  however,  carried  it  againft 
the  motion^. 


CHAP.      IIL 

What  would  be  adequate  Parliamentary  Reprefentation. 

FIVE  millions,  according  to  the  eftimate  of  my 
incomparable  friend  Dr.  Price^  and  our  beft 
modern  calculators,  is  neared  to  the  true  num- 
ber of  the  people  oi  England.  The  males  between  :  6 
and  56  in  5  millions  are  1,250,000,  or  a  fourth  part 
of  the  whole.  As  youth  at  16  are  of  an  age  too  im- 
mature to  be  capable  of  voting,  fo  are  many  on  the 
contrary  capable  of  voting  beyond  the  age  of  56  5  ancl 
one  fnay  be  fuppofed  to  make  up  for  the  other.  It 
is  commonly  ihfifted  on,  that  pcrfons  in  fervitude  to 
others,  and  thofe  who  receive  ahiis,  ought  not  to  be 
admitted  to  vote  for  members  of  parliament,  becaufe 
it  is  fuppoled,  that  their  votes  will  be  influenced  by 
thofe,   on  whom  they  depend. 

But  the  objedion  from  influence  would  fall  to  the 
ground,  if  the  ftate  were  on  a  right  foot,   and  parlia^ 

ment 
....^ ___ 

a  See  Lo.vd.  Mac.  1770,  p.  32. 


Chap.  III.        DISQUISITIONS.  37 

ment  free  from  court-influence.  Suppofing  half  the 
conftitution  in  diforder,  it  is  not  eafy  to  determine 
what  would  be  beft  for  the  other  half.  My  purpofe 
is,  to  point  out  all  the  defeds.  And  if  the  people 
will  corred  all  I  (hall  point  out,  I  will  then  anfwer, 
that  all  iTiall  go  well  ;  but  not  if  they  amend  by 
halves. — To  return, — 

Every  man  has  what  may  be  called  property,  and 
unalienable  property,  Every  man  has  a  life,  a  per- 
fonal  liberty,  a  charader,  a  right  to  his  earnings,  a 
right  to  a  religious  profeffion  and  worfliip  according 
to  his  conlcience,  &c.  and  many  men,  who  are  in  a 
ftate  of  dependence  upon  others,  and  who  receive 
charity,  have  wives  and  children,  in  whom  they  have 
a  right.  Thus  the  poor  are  in  danger  of  being  in- 
jured by  the  government  in  a  variety  of  ways.  But, 
according  to  the  commonly  received  dodrine,  that 
fervants,  and  thofe  who  receive  alms,  have  no  right 
to  vote  for  members  of  parliament/aa  immenfe  mul- 
titude of  the  people  are  utterly  deprived  of  all  power  in 
determining  who  fhall  be  the  protedors  of  their  lives, 
their  perfonal  liberty,  their  little  property  (which 
though  fingly  confidcred  is  of  fmall  value;  yet  is  upon 
the  whole  a  ver)^^reat  objed)  and  the  chaftity  of  their 
wives  and  daughters,  &c.  What  is  particularly  hard 
upon  the  poor  in  this  cafe  is,  that  though  they  have 
no  (hare  in  determining  who  ihall  be  the  lawgivers  of 
thieir  country,  they  have  a  very  heavy  ihare  in  raifing 
the  taxes  which  fupport  government.  The  taxes  on 
malt,  beer,  leather,  foap,  candles,  and  other  articles, 
which  are  paid  chiefly  by  the  poor,  who  are  allowed 
iiovotes  for  members  of  parliament,  amount  to  as  much 
as  a  heavy  land-tax.  The  landed  in terefl:  would  com- 
plain grievoufly,  if  they  had  no  power.pf  eleding  re- 
"^refentatives.     And  it  is  an  eftablilhed  maxim  in  free 

ftates. 


38  POLITICAL  Bookir. 

ftates,  that  whoever  contributes  to  the  expences  of  go- 
vernment ought  to  be  fatisfied  concerning  the  applica- 
tion of  the  money  contributed  by  them  ;  coniequently 
ought  to  have  a  fliare  in  eledling  thofe,  who  have  the 
power  of  applying  their  money.  Nor  has  the  receiv- 
ing of  alms  been  always  held  a  fufficient  reafon  for 
refufing  the  privilege  of  voting,  as  appears  by  the 
following;  *  Refolved,  A,  B.  1690,  That  the  free 
men  of  the  port  oi  Sandwich,  inhabiting  within  the 
fald  borough,  (although  they  receive  almsjh^ve  a  right 
to  vote  in  eledting  barons  to  ferve  in  parliament,  a 
Query,  Whether  there  be  not  other  inftances  of  pcr^ 
fons  receiving  alms,  having  a  right  to  vote  for  mem* 
bers. 

But,  giving  up  the  point,  concerning  the  right  of 
the  poor  to  vote  for  members  of  parliament,  the  prc^ 
fent  ilate  of  parliamentary  reprefentation  will  (till  ap- 
pear to  be  inadequate  beyond  all  proportion.  Of  the 
1,250,000,  thoj  Ivhole  number  of  males  \n  Engkndy 
we  may  well  fupjfofe  that  at  lead  one  third,  or  about 
416,000  are  houfekeepers,  and  independent  on  alms 
Divide  this  number  by  513,  the  number  of  members 
for  England,  the  quotient  is  799  and  a  fradion,  the 
round  number  is  800,  which  fhews,  that  no  member  of 
parliament  ought  to  carry  his  eledion  againft  a  compe- 
titor by  fewer  than  401  votes,  that  being  a  majority 
of  800,  who  have  the  right  of  vot'ng,  exclufive  cf  the 
poor  and  dependent  If  wc  allow  them  the  privilege 
of  chufing  reprefentatives,  which  I  fee  no  argument 
againft,  the  number  will  be  much  greater,  viz. 
about  1200,  a  majority  of  which  is  601. 

Mr. 


a  Bohuns  Right  of  Elect,  p.  257.  from  the  Journal  of  the 
Hous5  OF   Com, 


Chap*  IV.        DISQUISITIONS.  39 

Mr.  Pojilethwayte  reckons  639,000  taxable  perfons 
in  England y  excluding  Wales  ^,  And  every  perfon, 
who  pays  tax,  ought  to  have  a  vote.  Calculators  did 
formerly  reckon  above  6,ooo,oqo  of  fouls  in  England 
and  Wales,  And  Dr.  Price  fliev/s,  that  there  is  great 
reafon  to  apprehend  (with  much  concern  I  write  it) 
that  '  we  have  loft  a  fourth  part  of  our  people/ 
Suppofing  Poftlethwayte\  number  of  taxable  peribns 
in  England  and  Wales  together  to  be  630^000;  divid- 
ing this  number  by  513  (hews,  that  no  member 
ought 'to  be  voted  into  the  houfe  by  fewer  than  the 
majority  of  1200;  for  1200  have  a  right,  and  601 
ought  to  be  the  fnialieft  number  of  votes  adtually  given 
to  him  who  gains  his  eledtion  againft  a  competitor. 
Or  if  we  calculate  by  counties,  the  prefent  ftate  of 
reprefentation  will  appear  enormoufly  abfurd.  The 
moft  adequate  plan  for  forming  an  aflembly  of  repre- 
fentatives,  would  be,  for  every  county,  including  the 
cities,  boroughs,  cinque  ports,  or  univerfities  it  hap- 
pens to  contain,  to  fend  in  a  proportion  of  the  ri'> 
anfwering  to  its  contribution  to  the  public  expencc. 
Were  that  the  plan,  we  fhould,  in  the  fame  manner, 
fee  no  member  fent  into  the  houfe  by  fewer  than  feve- 
ral  hundreds  of  voters.     Of  which  hereafter. 


CHAP.     IV. 

View  of  the  prefent  State  of  Parliamentary  Reprefen- 
tation. 


L 


ET  #ie  reader  judgefor  himfelf  of  the  monftrous 
irregularity  of  parliamentary  reprefentation, 
from  the  following  view  of  it  by  the  learned 

and 

a  Brit,  true  Sy5T«  313. 


40  POLITICAL  Book  II. 

and  indefatigably  laborious  Brown  Willis^  Efq;  in  his 
NoTiT.  Parliam. 

In  the  following  extrad',  I  have  ftated  the  majority 
as  the  only  eledtors  in  each  place  ;  which  they  really 
are,  the  votes  of  the  minority  being  inefficient,  I 
have  given  to  Walling  for  dy  for  inftance,  76,  the  majo- 
rity of  150  eledlors,  which  latter  is  the  whole  number 
of  voters  in  that  borough;  fo  that  no  member  for 
Walling  ford  can  be  eleded  by  more  than  76  efficient 
votes;  and  he,  who  has  76  votes,  is  as  efFedually 
cleded  as  if  he  had  the  wnole  150.  And  I  have  com- 
puted the  number  of  votes,  which  eledl  the  majority 
of  the  houfe,  as  the  mdjontyistht  Jamey  to  all  intents 
and  purpofes  of  legiflation,  with  the  whole  558,  nem. 
con. 

Wallingford        fends  2  members  chofen  by  76, 

the  majority  of  150. 

Agmondejham  2  —     * —    —     —    i6. 

Wendover  2  -r-     — •     — 

Marlow  __  2  —     — -     — 

Lejkeard  2  —     -—     — 

Lejiwithiel  2  —     —     — 

'Iruro  2  —     ' —     — 

Bodmin  2  —     —     — 

Belfion  2  —     —     — 

Saltajh  2  —     —     — 

Camelfcrd  2  —     —     — 

Wejilaw  2  — -    —     — 

Grampoiind  — —  2  —    —     — 


Carried  over  .    26  509. 

The  right  of  eledion  at  Grampoundh  in'ftie  corpora* 
tionof  ninemen,  and  burgeffes  made  by  them,  which 
burgefies,  therefore,  are  not  to  be  accounted  as  free  elec- 
tors, being  made  for  the  purpofe  of  the  eledion.  This 
is  the  cafe  in  other  places,  which  I  have  not  noted. 


Chap.  IV.      DISQUISITIONS. 


Brought  over 

Eaftlow 

Penryn 

Trego  ney 

Boffiney 

St.  Ives 

Fowey 

St.  Germalns 

St.  Michael 

Newport 

St.  Mavves 

Kellington  W 

Cockermouth 

Totnefs 

Plimpton 

Honyton 

Taviftock 

Alhburton 

Clifton,  Devonlhire 

Bereafton 

Tiverton 

Pool,  Dorfetfhire 

Lyme,  ditto. 

Bridport 

Wareham 

Corfe-Caftle 

Maldon,    Eflex 

Harwich 

Weobly,  Hereford (li. 

Huntingdon 

Queenborough,   Kent 

Newton,  Lancafhire 


26 

fends  2  Members  chofen  by 


2  ■— 
2  ~- 
2  — 


2  •- 

2  — 

2  - 

2  - 


2  •■ 
2  - 
2  - 


41 

500 

25 
SI 

51 
II 

76 
26 
26 

31 
16 

lOI 

54 

lOl 
lOI 

56 

101 

50 

36 

14 

51 

26 

61 

76 

71 
14 

J7 

43 

lOI 

36 


Carried  over 

Vol.  I. 


88 

G 


2019 


42  POLITICAL  Book  II, 


2019 

101 

2    46 

lOI 

41 
17 


Brought  over  SS 

^'^g^^  Tends  2  members  chcfen  by 

Clithero  - 

Bofton,  Lincolnfhire  ■ 2 

Grimfby  2 

Thetford,   Norfolk  2 

CciUJe  Rifing                               2  16 

Brackley,  ISForthampt.              2  17 

Higham  Ferrers                           1   ■  ^i 

Morpeth,  Nerthumberl.           • 2  loi 

Eaft  Retford,  Nottingh, 2  ■  75 

Banbury,   Oxfordfhire              i ^  10 

Wenlock  Magna,  Salop.  —  2  rj 

liifhop's  Caftle                           2  51 

Bath  Somsrfctihire                     , 2  — ^—  17 

Minchead                                   2  81 

Ilchefter                                    2  — •  61 

Melborne  *     — -  2  ,  26 

Winchefter                                 2  51 

Southampton  ■—  2  •  c^i 

Yarmouth,    Wight                    2  26 

Petersfield                                   z  73 

Newport,   Wight                      ■ 2  13 

Stockbridge  — —  2                 ■  26 

Newton,   Wight                        ■  2  ■ '  i 

The  lord  of  this  borough  appoints  a  mnyor  and 
twelve  burgefTtrs,  who  chufe  the  members. 

Chriflchurch,  HampQi.            2  *- 7 

Here  hkewife  the  corporation  of  13  make  the  bur- 

gefles  as  they  pleafe.  Therefore  the  corporation  only 
are  to  be  reckoned  the*eledors. 

carried  over  138  3136 


Chap.  IV.        DISQUISITIONS.  43 

Brought  over  138  31,5 

Lymington                                fends  2  members  chofen  by  41 

WJiitelaurch 2 2 1 

The  freeholders  are  the  eledors,    who  cannot  be 
above  40,  as  there  are  but  loo  houies  in  the  town. 

Andover  ■  2  > 

Yet  there  are  600  houfes  in  the  town, 

Dunwich 
Orford 


13 

21 

43 

2 loi 

St.  Edmondfoury  2 20 

Bletchingley,  Surry  2 —  46 

Ryegate 2  . loi 


Aldborough  —  2 

Eye  


Gattpn  ■            2 

Ha  lie  mere  2 

Horiliam  ,            2 

Midharll  2 


I  z 
■31 

33 
5.6 


New  Shoreham                       2 56 

Bramber                                   2 8 

Willis  {-x-p,  there  are  not  above  20  houfes,  and  that 
the  members  sre  ekcted  by  the  burgh-holders. 

Eafl:  Grinlled 2 i.q 

Arundel  Suffolk  .  2  .  ^.^ 

Appleby,  Wertmoreland        * 2  ■  *         51 

New  Sarum                             — 2  ■ 2^ 

Wikon                                     ^. 2 41 

Downton                                  • 2 •  31 

Hindon                                     — 2  31 

Heytefbury                               2  26 

WeHbury                                  2  26 

C^lne                                       2  -^  1 8 

Carried  over  390  A^^^ 


44  POLITICAL  Book  U. 

Brought  over  190  4085 

Chippenham  fends  2  members  chofen  by  76 

Malmfbury  *^ 2 7 

Cricklade  2 81 

Bedwin  2  ' 41 

Ludgerfhal  ■ 2 ^"  3^ 

Old  Sarunj  ^  2 i 

*  Here  is  but  one  houfe/  {^ys  Willis,  A,  D.  1750. 
I  havi  been  told  that  now  there  is  no  houfe.  I  was 
therefore  going  to  charge  the  two  Old  Sarum  fena- 
tors  to  nobody.  But  as  W^i/lis  fays,  the  lord  of  the 
borough  appoints  a  bailiff  and  fix  burgeffes,  to  whom 
he  give  his  conge  d'clire.  I  have  called  them  ifis  re- 
prefentatives.  And  furely  he,  and  the  lord  of  the  bo- 
rough ofl<^ewfon,  in  the  iHq  of  fFight,  ought  to  be 
contented  with  the  reprefentation  they  have  in  parlia- 
ment. 

Bewdley  ,  ^- —  »  8 

I  flate  Bewdley  at  8,  the  majority  of  14,  as  the 
other  20  are  appointed  by  the  14, 

Knarefborough,  Yorklh. ^ 26 

Scarborouo-h  2 20 

is 

Rippon  2 loi 

Heydon  2 42 

Boroughbridge 2 33 

New  Makon  — —  2 -'  5 ' 

Thirfkc  2 23 

Aldborough  ■ 2 3* 

This  tovtm  and  Boroughbridge  are  both  in  one  pa- 
ri(h,  the  only  fingle  parifli  in  £72^/^  that  fends  4 
inembers. 

No^rth  Allcrton  2 9' 

KaliingG,  cinq,  port  2 '°' 

Carried  over  224  4^°^ 


Chap.  IV.       DISQUISITIONS.  45 

Brought  over  224  4861 


Hythe,  cinq,  port  fends  2  members  chofen  by  26 

New  Romney,  ditto.  ■  2  •  17 

Rye  —2 51 

Winchelfea  ■  2 21 

Seaford,  cinq,  port  »  2  ■  21 

Beaumaurice,  Wales «  i  »  ■  13 

Montgomery  •  i  — -^ —•  41 

Steyning  ■  2  '— — - — — —  41 

Devifes  ■  2  '  72 

The  corporation  confifts  of  36,  who  maike  what 
burgeffes  they  pleafe.  They  being  probably  at  the 
command  of  the  corporation,  are  hardly  to  be  ac- 
counted free  eleiftors.  Let  us,  however  add  36  to 
the  corporation,  which  will  make  the  majority  of 
eledlcrs  72. 

Wotton  BafTet  — 2 j6 

Shaftelbary  ■  2  <  ■  151 

Marlborough  .  2  ■  2 

The  members  are  elected  by  the  corporation  only, 
which  are  a  mayor  and  two  baihfFs. 

Droitwich  . 2 — •  21 

Newark  ■-            2  — «—  151 

Buckingham  '              2  ■  7 

Barnftaple  2 1 5 1 

254  5723 

From  this  extrad  we  fee,  that  2  ^4  members  areadtu- 
ally  eledled  by  5723  votes;  now  the  moll:  namerous 
meeting  of  the  commons  ever  known,  was  on  occaiion 
of  the  debate  about  Walpole,  A.D.IJ4.1.  There  were 
then  502  in  the  houfe.  Therefore  254  comes  very 
near  a  majority  of  the  houfe,  or  the  whole  a5fing  and 
efficient  number.     And  the  greateft  part  of  thele  illuf- 

trious 


46  POLITICAL  Book  II. 

trious,  5723,  who  have  the   power   of  conftituting 
lawgivers  over  the  property  of  the  naticrij  are  them- 
-felves  perfons  of  no  property. 

In  North  Britain  the  number  cf  fouls  is  about 
1,5000,000.  The  males  between  16  and  56  are 
300,000.  Allowing  one  third  part  to  be  their  own. 
mafters,  and  to  be  above  receiving  charity,  no  Scotch 
member  ought  to  be  eledled  by  fewer  than  a  majority 
of  2000  votes.  But  there  are  many  inftances  of  mem- 
bers eleded  in  North  Britain  by  almoll:  as  fmall  a 
number  as  in  England,  The  truth  of  the  matter  is, 
that  in  North  Britain,  though  the  country  be  nothing 
as  to  riches,  compared  with  England,  yet  there  are 
fewer  beggars.  Ahiicn:  all  are  houfekeepers,  though  a 
great  number  of  thofe  houfes  are  wretched  hovels.  So 
that  almofl  all  adult  males  ought  to  be  voters  in  North 
Britain. 

Lord  Talbot  S  in  his  fpeech  in  the  houfe  of  peers, 
A^  D.  1739,  fuppofes,  that  50,000  eled  the  majo- 
iiiy  cf  the  houfe.  And  he  jullly  exclaims  againft  that 
nua-iber,  as  utterly  difproportionate,  which  it  undoubt- 
edly is,  if  the  due  number  be  416,000  or  639,000. 
What  v/ould  his  lordihip  have  faid,  had  he  known 
that  little  more  than  a  tenth  part  of  his  50,000  fend 
in  the  majority  of  our  law-makers  ? 

Taking  the  whole  reprefentative  for  South  and 
North  Britain,  the  members  for  counties  are  only 
i^^i  of  the  558,  of  which  131,42  are  for  Scotland  zvA 
Wales,  b.  The  members,  therefore,  for  the  boroughs 
and  cinque  ports,  which  ought  not  to  be  one  in  ten, 
compared  with  thofe  for  the  counties,  are  382,  above 
four  times  as  many.     So  that  for  one   member,  who 

may 


a  Deb.  Lords,  vi.  345, 
k  Deb.  Com,  xi  11.  13* 


Chap.  IV,       DISQUISITIONS.  47 

may  be  fuppofed  to  come  fairly  into  the  houfe,  four 
(if  we  except  a  f:vv  for  the  great  cities)  are  fent  by 
the  poored  of  the  people,  dired'cd  by  court-influence. 

We  have  feen  above,  p.  38,  that,  dividing  the 
right  of  voting  as  it  ought  to  be,  no  member  fliould 
be  elected  by  fewer  than  the  majority  of  800  votes. 
But  we  find,  that  not  one  member  of  all  thefe  254 
is  eleded  by  a  number  fo  high  as  300  5  and  a  multi- 
tude by  a  number  below  20. 

If  we  take  the  places,  where  a  majority  of  the  elec- 
tors comes  below  20^  it  is  fiiameful  what  a  propor- 
fltion  of  the  ^3  is  fent  into  the  houfe  by  a  handful, 
^nd' that  handful  moftly  people  in  low  circumftances, 
and  therefore  obnoxious  to  bribery,  or  under  the 
power  of  their  fuperiors. 

Lestwithiel                        fends  2  members  chofen  by  13 

Truro*  • 2  — >  14 

Bodmin  ^             2 >  19 

Saltafh  2 15 

Camelford  ■             2 —  10 

Boffiney  e~- *z n 

St.  Michael  . — 2  >  14 

St.  Mawes  >             2 16 

Tiverton                                          '  2  ■  14 

Maldon  2 14 

Harwich  • —  2 17 

Thetford 2  — •  1 7 

Brackley  ■ ^^— >  2 —  17 

Banbury  < 2- 11 

Bath  —  2 .  17 

Newport,  Wight  . .  2              >  13 

Newton,   ditto.  — — — •  2  ■■  i 

Andover  »             2          '->-  13 

Carried  over  36  246 


48  POLITICAL  Book  II. 

Brought  over  36  246 

Gatton                                       fends  2  members  chofen  by  11 

Bramber  >              2  — 8 

Eaft  Grin  (lead 2  .  19 

Calne  2 iS 

Malm  (bury  ■               2              .  7 

Old  Sarum  ■    '         2  — — —  l 

Bewdley    -  > 2 18 

New  Romney  ■              2             ■  17 

Marlborough 2  —  2 

Buckingham  2  — —  7 

Here  we  fee  56  members  (about  a  ninth  part  of  the 
whole  for  England  J  are  fent  into  the  houfe  of  com- 
mons by  364  votes,  which  number  ought  not  to  fend  in 
one  member.  For  no  member  ought  to  be  eleded 
by  fewer  than  the  majority  of  800,  upon  the  moil 
m.oderate  calculation,  according  to  Dr.  Pricey  in 
order  to  give  410,000  voters  their  due  and  equally 
diilributed  fliare  of  legiflative  power,  without  which 
equal  diftribution  the  majority  of  the  men  of  property 
are  enflaved  to  the  handful  of  beggars,  who,  by 
eieding  the  majority  of  the  houfe  of  commons,  have 
fo  great  an  overbalance  of  power  over  them,  as  to  be 
able  to  carry  every  point  in  diredt  oppofition  to  their 
opinion,  and  to  iheir  intereft. 

Here  we  fee  (mojijiriifn  horrendum^  ingens  !J  two 
peribns,  the  lord  of  the  pitiful  town  of  Newton^  in 
the  ifle  of  Wight y  and  him  of  Old  Sammy  Wiltjhirey 
where  there  is  not  a  houfe,  fend  in  as  many  members 
as  the  ineftimable  weahh  of  the  city  of  London^  in 
which  the  livery,  who  are  the  legal  cledors,  are 
8,000  ^  and  the  perfons,    who  ought  to  have  votes 

are 


Chap.  IV.      D  I  S  CLU  I  S  I  T  I  O  N  S.  49 

are  probably  .0.000.  and  upwards.     Here  t|,^ndi. 
viduals  have  equal  weight  in  the  flate  with  30,000  1 

The  following  counties,  A,  D.  1693  to  1697  on 
an  average,  paid  annually  as  follows,  each  refpec- 
tively  {q  many  parts  in  513  of  the  land-tax  and  fub- 
fidy  ;  and  lent  members  as  follows  ^. 


Land-tax, 

SubUdy, 

Members. 

Cumberland       — 

I 

'—            I 

~         6, 

Borfet                — 

9 

_        6 

—      %o, 

Weftmoreland    — 

I 

—         I 

—        4. 

Cornwal             — ^ 

8. 

—        5 

—       44' 

Middlefex           — 

80 

-  l^ 

8, 

According  to  this  eftimate,  Middlefex^  with  its 
towns,  contributes  of  land-tax  and  fubfidy  together 
265  parts  0^513.  Therefore  Middlefex  ought  to  be 
reprefented  by  265  members.  And  Cornwal  contri- 
butes of  land-tax  and  fubfidy  together  13  parts  of  513* 
Therefore  Cornwal  ought  to  fend  13  members. 

Men  of  large  property  ought  likewife  to  have  more 
votes,  than  thofe,  who  have  lefs  to  fecure.  Property 
ought  in  all  ftates  to  have  its  proportional  weight  and 
confequence. 

In  the  Ea/i  India  aft  of  1773,  which  was  heavily 
complained  of  for  its  injuftice,  there  is  yet  one  very 
equitable  regulation,  and  worthy  of  imitation,  viz. 
That  every  proprietor  of  3000/.  flock  fhall  have  two 
votes  J  of  6000/.  3  5  and  of  ^  0,000/.  4  votes  at  elec- 
tions of  diredors  ^. 

The  Britijh  government,  therefore,  taking  it  ac- 
cording to  its  avowed  ftate,  is  neither  abfolute  mo- 
narchy nor  limited  monarchy,  nor  ariftocracy,  nor 
democracy,  nor  a  mixture  of  monarchy,  ariftocracy 

Vol.  I.  H  and 


a  Pojikthwayte^i  D  i  c t .     Word  P a  r  l . 
b  Whiteh,  Ev.  Post,  June  16,  1773. 


so 


POLITICAL  Book  XL 


and  democracy ;  but  may  be  called  a  ptochocracy 
(the  reader  will  pardon  a  new  word)  or  government 
of  beggars.  For  a  few  beggarly  boroughs  do  avow- 
edly eled  the  moft  important  part  of  the  government, 
the  part  which  commands  the  purfe.  It  is  true  this 
is  only  the  oftenfible  flate  of  things,  -.yhe  Britijh 
government  is  really  ajuntocracy  (I  doubt  the  reader 
will  now  think  I  prefume  upon  his  good  nature)  or 
government  by  a  minifter  and  his  crew.  For  the 
court  direds  the  beggars  whom  to  chufe. 

Is  this  the  univerfally  admired  and  univerfally 
envied  Britijh  conftitution  ? 

How  much  more  proper  would  a  petition  have 
been,  from  the  friends  of  liberty  to  the  king,  to  fet 
himfelf  at  the  head  of  a  plan  for  refloring  indepen^ 
dency  to  parhament,  than  petitioning  him  to  dif- 
Jblve  that  which  was  then  fitting.  What  point  could 
have  been  gained  by  that  meafure  ?  It  is  a  handful 
of  beggars,  bribed,  or  awed,  by  the  court,  gr  the 
grandees,  that  fends  the  majority  of  the  members  into 
the  houfe.  Would  not  they  have  fent  back  tht  fame 
men  ?  Did  they  dare  to  fend  any  ethers  ?  If  it  be  faid, 
that  the  difiblution  of  the  parliament  then  fitting 
would  have  redreffed  all  grievances,  it  muft  follow, 
that  a  new  parliament  would  ;  but  how  many  mm 
parliaments  have  we  feen  fince  the  revolution  ?  Yet  we 
have  now  ftanding  armies,  feptennial  parliaments, 
rotten  boroughs,  placemen  in  the  houfe,  excifes,  &c. 

Though  1  have  not  the  leaft  idea  of  wifhing  fo 
great  a  change  in  the  conftitution,  as  would  exclude 
king  and  lords  from  parliament  3  yet  I  may,  I  think, 
be  allowed  juft  to  mention,  that  the  great  power  by 
our  conftitution  vefted  in  a  frnall  number  of  indivi- 
duals, which  will  always  make  an  inequality,  and 
an  unbalancing,  ought  to  make  us  the  more  dcfirous 

of 


Chap.  IV.       DISQUISITIONS.  51 

of  reducing,  if  poflible,  one  of  our  three  eflates  at  leaft, 
to  fomewhat  a  little  neater  to  adequate,  than  it  is  at 
prefent.     But  of  this  more  hereafter. 

Reprefentation  in  the  houfe  of  commons  is  inade- 
quate in  other  refpeds  befides  thofe  already  mentioned. 

In  antient  times,  when  parliaments  were  firft  efta« 
bllOied,  there  was  no  property,  but  that  of  land. 
Therefore  all  powers,  and  all  honours,  were  heaped 
on  the  landed  men.  The  confequence  was,  that  the 
landed  intereft  was  too  well  reprefented,  to  the  detri- 
ment (in  our  times)  of  the  mercantile  and  monied. 
This  is  an  occalion  of  various  evils.  For  many  of 
our  country-gentlemen  are  but  bad  judges  of  the  im- 
portance of  the  mercantile  intereil,  and  do  not  wifely 
confult  it  in  their  bills  and  ads.  Of  this  kind  are  the 
game-  ad:,  the  dog-adt,  and  taxes  on  every  neceflary 
of  life,  which  give  our  rivals  in  trade  a  great  advan- 
tage over  us.  And  minifters,  to  curry  favour  with 
the  houfe  of  commjus,  are  tempted  to  burden  com- 
merce with  taxes  for  the  fake  of  eaiing  the  landed 
intereft.  See  the  art  of  Walpole  ^  to  this  purpofe,  by 
propofing  to  eafe  the  land  of  one  fliilling  in  the  pound, 
and  laying  a  duty  on  fait  for  three  years,  to  make  up 
the  deficiency.  It  was  objeded  to  this  propofal,  That 
the  falt-duty  was  always  reckoned  a  grievous  burden 
upon  the  manufaduring  poor,  and  was  therefore  taken 
off;  and  that  it  was  a  flrange  paradox,  that  the  landed 
gentlemen  were  poorer  than  the  poor^  and  therefore  in 
more  need  of  relief  from  a  heavy  tax. 

It  is  the  overbalance  of  the  power  in  the  hands  of  the 
landed  men,  that  has  produced  the  bounty  on  exporta- 
tion of  corn  (of  which  more  fully  hereafter)  W'hich 
increafcs  the  manutadurer's  expencc  of  living,  and 

dif- 

a  Des.  Com.  vii.  285* 


52  POLITICAL  Book  II. 

difcourages  the  exportation  of  our  manufadlureSi 
This  is,  in  the  end,  hurtful  to  the  landed  Intereft. 
But  {hort-fighted  and  ieififli  men  do  not  fee  it  in  that 
light  i  nor  will  feem  to  underftand,  that  the  land-tax, 
while  nominally  three  fhiilings  in  the  pound,  is  not 
really  nine-pence.  The  time  was,  when  land  in 
England  might  have  been  purchafed  for  a  ^cth  part 
of  its  prefent  value.  What  has  given  it  the  49  parts 
additional  worth  ?  Can  any  one  imagine,  the  diffe- 
rence is  owing  to  any  thing,  but  our  trade  and  manu- 
factures ? 

ji.  D,  1373,  a  parliament  being  cdled,  it  was  ex- 
prefsly  mentioned  in  the  writ,  that  from  every  burgh 
there  (hould  be  fent  two  burgeffes,  *  the  moft  difcreet 
and  fufficient,  who  had  the  greateil  (kill  in  fhip^ 
ping  and  merchandizing  ^/ 

There  was  a  claufe  in  the  eledion  bill  in  king 
Williams  time  for  rendering  merchants  eligible  into 
parliament,  making  oath,  that  they  were  worth50oo/.^ 

*  When  the  young  nobility  and  gentry  (fays  Dave- 
nantj  employ  their  time  and  thoughts  carefully  to  in- 
fped:  and  confider  the  kingdom's  foreign  traffic,  they 
will  evidently  fee  how  much  their  landed  intereft  de- 
pends upon  it ;  they  will  find  that  as  trade  brought 
land  from  12  to  25,  the  general  rental  from  6  to  14 
millions,  and  the  kingdom's  capital  from  72  to  252 
millions,  reckoning  lands,  tenements,  hereditaments, 
and  perfonal  eftates,  18  years  purchafe  at  a  medium  5 
fo  it  may  bring  land  from  25  to  30  years  purchafe, 
andlands,  tenements,  hereditaments,  &c,  from  18  to 
26  years  purchafe,  the  general  rental  from  14  millions 
to  28  millions,   and  the  kingdom's   capital  from  252 

to 


a  Brady^  in,  296.  b  Deb.  Com.  hi.  70. 


Chap.  IV.        DISQUISITIONS.  53 

to  above  1000  millions,  if  by  induftry  and  prudent 
management  it  can  be  rendered  more  extenfivc.  But 
the  mutual  dependance  between  land  and  trade,  v/e 
hope,  has  been  fufficiently  made  out  in  the  feries  of 
thefe  difcourfes  *.' 

It  was  owing  to  a  want  of  merqhants  in  the  houfe, 
that  the  bill  for  reftraining  paper-credit  in  America  was 
brought  in.  And  it  was  no  fmall  difgrace  to  the 
houfe,  that  there  were  petitions  againft  it  prefented 
from  moft  of  the  agents  for  the  colonies,  as  an  impru- 
dent and  hurtful  fcheme.  Pojilethwayfey  in  his  Dict. 
OF  CoMM.  and  Brit,  true  Syst.  has  made  many 
remarks  on  the  advantage  of  merchants  in  the  houle 
of  commons ;  to  whom  1  muft  refer  the  reader. 

Is  not  an  ariftocracy  a  government  in  the  hands  of 
a  few,  or  of  one  clafs,  or  one  intereft,  excluding  the 
body  of  the  people  of  property  from  their  due  weight 
in  government  ?  Is  not  our  houfe  of  peers  wholly,  and 
our  houfe  of  commons  chiefly  filled  with  men,  whofe 
property  is  land  ?  Is  not  therefore  the  government  of 
this  mercantile  and  manufaduring  country  in  the 
hands  of  the  landed  interefl:  to  the  exclufion  of  the 
mercantile  and  manufadural  ?  Doe|  not  then  the  go- 
vernment of  this  country  tend  too  much  to  ariftocracy  ? 

The  eldefl:  fons  of  Scotch  peers  are  declared  incapa- 
ble of  fitting  in  the  houfe  of  commons  W  But  the 
fons  of  Englijh  peers  may  fit,  fo  that  ten  individuals 
out  of  one  family  may  be  legiflators.  Is  not  this  too 
ariftocratical  ? 

It  is  faid,  property  in  land  is  more  capable  of  being 

•proved,  than  in  merchandize,  manufadlures,  or  flocks. 

But  this  is  frivolous ,  for  any  man,   though  poflTeflTed 

of 


a  Davm^  ii.  Si.  b  Deb.  Com.  iv.  1051 


54  [POLITICAL  Book  IL 

of  an  oftenfible  land-eftate,  may  be  in  debt  to  more 
than  the  value  of  his  eftate  j  and  where  is  then  his 
qualification  ? 

The  intercft  of  merchants  is  fo  much  the  intereft  of 
the  nation,  that  there  can  hardly  be  too  many  mer- 
chants in  parliament.  The  Lcfidon  members  almoft 
always  vote  on  the  fide  of  liberty.  Ic  is  cbjeded, 
that  each  merchant  will  probably  vote  in  parliament 
for  what  is  moft  for  the  advantage  of  his  own  parti- 
cular branch.  True.  Therefore  let  a  confiderable 
number  of  merchants  always  have  feats  in  the  houfe, 
and  then  all  different  interefts  will  be  confulted.  It 
has  likewife  been  argued,  that  merchants  are  bad 
members,  becaufe  they  are  liable  to  be  influenced  in 
favour  of  the  court  by  government  contrads.  But 
here  again  comes  in  my  obfervation  concerning  par^ 
tial  reformations.  Correcfl  all  the  other  abufes,  and 
court-influence  will  become  impcilible.  Then  will 
appear  the  advantage  of  merchants  in  the  houfe  of 
commons.     Of  all  which  more  hereafter. 

As  to  the  monied  intereft,  if  the  public  debts  are 
not  to  be  paid,  or  fome  fubltantlal  fecurity  found  for 
them,  it  would  be  very  proper,  that  the  monied 
intereft  (as  fuch)  ftiould  have  reprefentation  in  par- 
liament, Elfe  what  fecurity  have  we,  that  a  profli- 
gate court  will  not  (hut  up  the  exchequer,  as  Charles 
II.  did,  and  obtain,  by  corrupt  means,  the  fandion 
of  parliament  for  the  mcafure?  It  is  indeed  alkdgtd, 
that  the  mercantile,  manufadural,  and  monied  intc- 
''refts  are  reprefented  by  the  members  for  the  cities, 
and  boroughs.  But  this  is  nothing  to  the  purpofe. 
Becaufe  the  qualification  required  is  always  to  be  in 
land. 


ChapiV.        DISQ^UISITIONS.  55 

CHAP.      V. 

How  parliamentary    reprefentation  came  to   be  thus 
inadequate. 

REprefentation  in  the  commons  houfe  of  parlia- 
ment came  to  be  thus  out  of  all  proportion 
inadequate,  in  much  the  fame  manner  a» 
cities  come  to  be  built  in  defience  of  all  plan  or  regu- 
larity by  every  land-proprietor's  humouring  his  own 
caprice  in  building  upon  his  own  ground.  Our  kings 
and  our  queens  gave  and  took  away  the  privilege  of 
fending  members,  as  pleated  their  fancy  without  all 
regard  to  judice,  or  proportion. 

Mr.  Carter  alkdges,  that  the  lawyers,  in  the 
puritan  times,  in  order  to  flrengthen  their  own 
party,  fearchcd  old  records,  and  found,  that  many 
towns  of  the  king's  demefne  had  been  fummoned 
once  or  twice,  by  Edward  I.  to  fend  reprefentatives ; 
and  on  this  founded  a  pretence,  that  thefe  were  in  all 
times  parliament-towns.  *  Thus  (fays  he)  the  puri- 
tans got  the  afcendency  in  the  houfe ;  and  thus  was 
an  unreafonable  difproportion  in  the  reprefentation  of 
the  kingdom  introduced  to  the  infinite  prejudice  of 
the  conftitution.' 

Mr.  Carte  fliews,  that  the  mode  of  reprefentation 
cftablifhed  in  antient  times  was  tolerably  adequate; 
but  *  that  the  cafe  is  now  vaftly  altered.  There  is 
no  longer  any  juft  or  reafonable  proportion  in  the 
reprefentation.  For,  whilft  all  the  landed  intereft  is 
reprefcnted  by  92  members,  and  the  trading  or  mo- 

nied 


a  Quoted  Parl.  Hist,  xxk  212. 


56  POLITICAL  Book  IL 

nied  intereft^  by  about  igo  deputies  of  citiee  and 
great  towns,  there  are  above  300  reprefentatives  of 
fmall,  inconfiderable,  and  many  of  thefe  beggarly 
boroughs,  who  by  a  majority  of  3  to  2,  are  able  to 
difpofe  of  the  property  of  all  the  landed  and  opulent 
men  in  the  kingdom  in  defpite  of  their  unanimous 
diffent.  Thefe  have  long  been  confidered  as  the  rot- 
ten part  of  our  conftiution,  and  being  venal  as  well 
as  poor,  they  have  been  the  chief  fource  of  the  cor- 
ruption complained  of  in  modern  parliaments.' 

•  Foreigners,  who  know  and  refled  on  this  inequa- 
lity in  our  reprefentation,  which  they  cannot  recon- 
cile to  common  fenfe,  ftand  amazed  at  hearing  us 
brag  of  the  excellency  of  our  conftitution,  while  it 
labours  under  fo  fundamental  a  defed,  and  are  apt 
to  doubt,  whether  the  fenfe  of  parlianrient  is  really 
the  fenfe  of  the  nation,  &c. 

According  io  Borlafe^  author  of  theNATURAL  His- 
tory OF  CoRNWAL,  only  5  boroughs  of  that  county 
fcnt  10  members,  and  the  county  2,  23  Edw,  L 
and  Lejiwitbiel  fent  2  more,  33  Edw.  I.  Thus 
it  remained,  excepting  one  change,  to  6  Edw.  VI. 
when  7  other  boroughs  were  allowed  to  fend  2 
members  each,  i  Mary,  another  was  added,  and  4 
and  5  of  the  fame  reign,  another,  i  Eliz.  another  > 
5  of  the  fame  reign,  2  others;  13  of  the  fame  queen, 
2  others  3   and   27,  another;    in   all   21    boroughs, 

which. 


a  This  is  not  juft.  For  the  members  fent  by  cities  and  great  towns 
are  commonly  landed  gentlemen,  as  much  as  the  others,  and  do  not 
confider  themfelves  as  particularly  obliged  to  take  care  of  the  trading, 
muchl^fs  of  the  monied  intcreft. 

b  Parl,  Hist.  xxi.  213. 


Chap.  V.       DISQUISITIONS.  57 

which,  with  the  county,  make  up  44  members.  The 
caufe  of  this  partiality  for  Cornwall,  he  thinks,  was 
that  dutchy's  being  in  the  crown,  and  yielding  a  greater 
royal  revenue,  than  any  other  county,  all  which  was 
very  convenient  for  our  kings  and  queens,  as  the  places 
were  poor,  and  confequently  dependent.  So  that  pro- 
bably the  very  defign  of  giving  this  privilege  to  thefe 
paltry  boroughs  was,  to  obtain  for  the  court  an  uadue 
influence  in  parliament.  And  ought  they  then  to  be 
allowed  a  privilege,  unjuft  in  itfelf  and  given  with  un- 
juft  views  ?  Towns  came  to  be  burghs  (that  is,  pri- 
vileged within  themfelves,  and  freed  from  certain  taxes 
and  tallages)  by  charters  of  lords  or  kings  ^  It  was^ 
originally  left  to  the  flierift  of  each  county  to  name 
the  burghs,  which  (liould  fend  members  b.  The 
oldeft  returns  extant  of  knights,  citizens,  and  bar- 
gefles,  are  26  Edward  I,  'diz.  2  knights  for  Wilt" 
fjirCy  2  citizens  for  New  Sariim^  2  burgefles  for 
DountOftj  :  2  iov  Devizes.  2  for  Chippenham^  z  for 
Malmejhiiry^.  But  afterwards,  12  Edw.  IlL  there 
were  returned  only  2  knights  for  the  county,  2 
citizens  for  Sammy  2  for  Wilton^  2  for  Dounton^ 
and  2  for  Merleberg^  \_Marlborough^,']  Brady  men- 
tions many  inftances  of  places  dilcontinuing  to  fend 
members,  and  then  beginning  again,  and  difcontinu- 
ing  again,  for  100  to  300  years,  &c.  And,  which  is 
extraordinary,  the  returning  oflicer  would  often  return^ 
*  Nulla  ejl  alia,  &c.  There  are  no  more  cities,  nor 
burghs  in  my  bailywick,'  though  more  cities  and 
burghs  in  the  fame  bailywick,  or  county,  had  formerly 
lent  members^.  He  meant,  '  There  is  no  other  city 
Vol.  L  I  or 


a  Brady,  i.     Of  Burghs,  43,  b  Ibid.  52. 

c  Ibid.  52.  d  Ibid.  t  Ibid,  et  pafT. 


58  POLITICAL  Book  II. 

or  burgh,  fit  to  fend  members ;'  for  the  flierifF,  at 
his  pleafure,  often  fpared  the  decayed  burghs  the  ex- 
pence  of  fending  members,  though  there  was  a  law, 
5  Rich.  II.  c.  4.  for  punifhing  fheriffs,  who  failed 
in  this  refpedt.  The  fherifFs,-  in  their  returns,  ftill  J 
extant,  often  mention,  that  there  are  no  other  ^ 
places  in  the  county,  now  able  to  fend  members  ^. 
There  is  no  inftance  {(zys  Braiiy^ J  of  any  burgh*s 
complaining  of  its  not  being  reprefented.  But  there 
are  inftances  of  their  petitioning  to  be  excufed  fending 
members. 

Mr,  IVillis  thinks,  there  were  before  Edw.  VL 
about  130  cities  and  boroughs,  in  all,  that  returned 
members  to  parliament  S  and  that  the  original  num- 
ber was  not  confiderably  increafed  till  the  time  of 
Henry  VIII.  but  continued  from  the  middle  of  Ed- 
ward III.  much  the  fame,  (not  30  new  boroughs  being 
created  between  Edw,  I.  Sind  Edw.  VI.)  excepting  that 
fome  boroughs  intermitted  (ending  for  f.  me  time  as 
50,  100,  to  400  years,  and  afterwards  begun  again. 
in  feveral  parliaments,  as  1 8  Edw.  III.  &c,  the  re- 
cords fay,  '  In  hoc  pari,  &c.  In  this  parliament  there 
were  no  briefs  [or  writs]  fent  to  any  city  or  burgh, 
but  to  the  counties  only  ^.'  There  were  likewile 
councils,  or  parliaments,  in  which  v/ere  only  mem- 
bers from  trading  towns,  and  no  knights  of  fiiiies^ 
There  were  17  places  made  bu;ghs,  wdth  privilege  of  ^ 
fending  members,  by  Henry  VI  ^.  The  cinque  ports 
are  now  8  5  though  the  very  name  fhews,  that 
they  were  originally  but  58.  Frynne  fays  Wales 
fent  48  members,  temp.  Edward  II.  But  Henry  VIII. 

fummoned 


2.  Brady y   i.   Of  BuRGHS,  52  et  pafT.  b  Ibid  59. 

c  Not.  Parl.  i.     Pref.  vii.  d  Ibid.  xlii. 

€  Ibid.  ix.  f  Ibid.  xiv.  g  Ibid. 


Chap.  V  D  I  S  QJJI  S  I  T  I  O  N  S.  59 

fummoned  only  12  knights  and  12  burgefles^.  Some 
trading  places  fent  reprefentatives,  upon  occalional 
fucnmonfcs  to  councils  for  regulating  trade.  Mr. 
Willis  likewife  gives  a  lift  of  burghs,  which  formerly 
returned  members,  and  *  which  if  reftored  (fays  heb) 
would  conftitute  a  parliament  near  half  as  pumcrous, 
as  the  reprefentative  of  burghs  was  before  Edward 
YV  The  county-palatine  oi  Chejler,  and  city  of  the 
fame,  fent  no  members  before  Edward  VJ.  c.  Nor 
Durham  county- palatine  and  city  befor  25  Car.  II.  ^ 
The  fmall  boroughs,  to  which  the  privilege  of  fend- 
ing members  had  been  granted  for  the  fupport  of  mi- 
nifterial  influence,  and  corruption,  were  deprived  of 
their  right  of  eledion,'  A.  X).  1654,  under  the  ufur- 
pation  of  Lromwell  ^  In  former  times,  the  king's 
learned  council,  the  civilians,  mafters  in  chancery, 
were  fummoned  to  attend  parliament,  but  without 
voices,  as  now  the  judges;  and  the  bifhops  were  to 
bring  with  them  *  their  dean  and  chapter,  their  arch- 
deacun,  and  all  the  clergy,  \tQtumque  c/erum]  of  their 
diocefe,  by  their  reprefentatives  [prccuratores'\  to 
agree  [ad  confentiendum]  to  the  things  which  ihall 
be  ordained  ^.'  This  laft  \ad  confentiendum']  feems 
to  imply,  that  all  thefe  holy  men  had  fufFrage  in  par- 
liament. But  lord  Coke  exprefsly  affirms  the  con- 
trary, and  indeed  it  is  not  probable  that  they  had, 
though  they  v/ere  in  thofe  times  held  in  high  venera- 
tion. There  were  33  abbots  fummoned  to  parliament 
4  Edward  HI.  and  in  the  parliament  writs  6  £^- 
ward  III.  23  others,  befides  4  priors,  and  the  mafter 
of  the  order  of  S^niplin^ham,  who  were  not  ufually  in 

parliament,. 


a  Not.  Parl.   i,     Pref.  xv.  b  Ibid.  xxx. 

c  Ibid.  I.   197.  ^  Ibid.  ii.  510. 

e  Maca^l.,  Hist.  v.  140.  f  C^i^'s  Instit.  v«.4* 


6o  POLITICAL  Book  II. 

parliament.  [I  have  forgot,  in  copying  this  out,  to 
(et  down  from  whence  I  took  it.]  '  Four  knights  for 
every  county,  and  two  men  for  every  city,  burgh, 
and  market-town,  were  fummonded  to  parliament,' 
A*  -D.  1283.  temp.  Edward  I.  a  Near  the  end  of 
Edward  I.  writs  were  iiTued  cut  for  all  the  counties, 
excepting  C Be/hire  and  Durham^.  A.  D.  1446,  24 
Henry  VI.  there  were  74  knights  in  parliament  from 
37  counties  3  one  of  which  is  Wigorn^  and  feveral 
counties  are  left  out.  There  were  200  burgeffes^  fo 
that  the  whole  houfe  of  commons  confifted  of  274 
members,  now  513,  iot  England.  [I  have  forgot, 
in  extracting  this  paragraph,  to  mark  from  whence  I 
took  it.]  According  to  Black/tone  S  there  were  only 
'^co  members  in  the  commons  houfe  of  parliament  in 
the  time  of  Henry  VI.  ^  Therefore  the  number  of 
the  houfe  commons  is  almoft  doubled  in  about  300 
years  by  our  kings  and  queens  giving  privileges  of 
eledion  to  new  places.  | 

There  was  in  the  time  of  Henry  V.  a  debate  about  ' 
the   furrender   of  corporations.       Bceda   (Q^.)   and 
ISIewbury  furrendered  their  corporations  to  the  king. 
It  was  queftloned.  Whether  a  corporation  can  fur- 
render  its  charter,  which  is  robbing  pofterity.     And 
the  commons  called  upon  thofe  towns  to  fend  mem-  ^ 
bers,    notwithftanding   the   furrender.      The   houfe  1j 
however   excufed  their  fending   members    on    their 
pkading  inability,  and  *  they  fent  none  fince^.*     An 
adt  pafled  1690,  to  declare  the  right  and  freedom  of 
cledion  for   the  cinque-ports.     Before  this   bill  the 
wardens  of  the  cinque-ports  claimed  a  right  of  nomi- 
nating 


a  Brady^   ui.  lo.  b  Parl.  Hist.  i.  131. 

c  CoMM.  I,  174.  d  Dri3,  Lords,  i   398. 


Chap.  V.        DISQUISITIONS.  6i 

nating  to  each  cinque-port  one  perfon  to  ferve  as 
baron  or  member  of  parliament  a.  * 

In  Henry  Vlllth's  firft  parliament  there  were  148 
counties  and  boroughs,  which  fent  members ;  and 
the  whole  number  of  the  commons  wafr'298.  £)«r- 
iam  and  Chejifr  were  not  in  the  lift.  The  6  boroughs 
of  Cornwal,  and  the  county,  probably  fent  only  14 
members,  where  now  they  fend  44.  No  members 
ihtn  iqt;,^TFeJiminJier,  Wiltjhire^  with  its  cities  and 
boroughs,  fent  34.  Henry  g2iVQy  or  reftored,  privi- 
lege of  fending  members  to  14  counties,  chiefly 
Welch,  and  to  17  towns  in  England  and  PTales,  and 
to  Calais  in  France ;  in  all  32  counties  and  boroughs, 
which  fent  to  parliament  38  members.  Edward  Vl. 
gave  privilege  to  22  boroughs  (no  counties)  and  they 
fent  44  members.  Queen  Mary,  to  14  boroughs, 
which  fent  25  members.  Elizabeth  to  31  boroughs, 
which  fent  62  members.-  James  I.  to  14  boroughs, 
which  fent  27  members.  [I  have  forgot  to  mark 
whence  I  took  this  paragraph.]  February  15,  1640, 
The  commons  ordered  that  Ccckermouth  (ho'ald  be  re- 
flored  to  its  former  privilege  of  fending  members^. 
November  26,  That  the  towns  of  Ajldperton  and 
Hontton  (hould  likewife  fend  members  <=.  Oakhamp- 
ton  had  no  members  iince  7  Edward  II.  It  was  re- 
ftored  at  the  beginning  of  this  parliament.  Weably 
had  fent  no  members  fince  Edward  I.  It  was  reftored 
1640.  Milborn-port  fent  none  fince  35  Edward  1^ 
'till  required  in  1040.  The  commons,  in  the  fame 
year,  ordered  that  Malton,  Alkrtony  and  Seaford 
fhould  be  reftored  to  their  former  privileges. 

Undor  James  II.  the  power  of  electing  members  of 
parliament  was  in  many  places  transferred  from  the 

inhabitants 

a  Tind.  CoNTiN*  1.  132,  b  Commons  JouRN. XXIII. 

c  Ibid,  xxvo 


62  POLITICAL  Book  IL 

inhabitants  in  general  to  the  magiftrates;  becaufe  they 
were  likely  to  be  more  within  the  reach  of  bribery  a. 

The  borough  of  Stockbridge,  A,  D.  1689,  for 
bribery,  narrowly  efcaped  being  disfranchifed,  and 
incapacitated  for  ever  for  fending  members,  and  ia- 
ftead  of  its  2  members,  an  addition  was  propofed  to 
be  made  of  2  more  knights  of  the  (hire  for  the  county 
of  Southampton  ^. 


CHAP.      VL 

Evil  of  the  Boroughs  having  fo  dijproportionatea  Shart 
in  Parliamentary  Reprefeniation, 

MEMBERS  of  parliament  have  the  properties, 
liberties,  and  lives  of  the  nation  in  their  hands, 
and  hold  themfelves  accountable  to  no  man, 
orfet  of  men,  forthe  lav/stheymake.  Ought  thetruftees 
of  fo  great  a  charge  to  be  men  capable  of  giving  or  re- 
ceiving ba(e  bribes  ?  Members  of  parliament  ought  to 
be  men  of  good  natural  parts,  education,  and  charadter, 
found  reafoners,  graceful  fpeakcrs,  knowing  in  the 
three  interefts,  viz,  ttie  landed,  the  commercial,  and 
the  monicd,  in  general  hiftory,  law,  and  politics,  and 
in  the  hiftory,  laws,  and  politics  of  Bri/ai?^^  learned 
in  human  nature,  and  mafters  of  the  fpirit  and  difpo- 
fition  of  the  inhabitants  of  the  three  kingdoms,  and 
of  the  colonies.  Is  it  to  be  conceived,  that  the  inha- 
bitants of  a  fet  of  miferable  Corni/h  boroughs  are  judges 
of  fuch  high  accomplifhments  as  thefe  ?  Were  eledion 
of  members  of  parliament  upon  its  proper  foot,  every 

county. 


a  Humeri  Hist.  Stuarts,   ii.  404. 

b  Bohuuh  Right  of  Election,  p.  275. 


Chap*  VI.        DISQUISITIONS.  63 

county,  including  its  cities  and  towns,  would  eledt 
a  fet  of  gentlemen  to  be  its  reprefentatives.  This 
would  concentre  the  wifdom  of  the  whole  county,  and 
not  leave  it,  as  at  prefent,  in  the  power  of  a  doxen 
filly  fellows  to  fet  up  a  lawmaker,  capable  or  inca- 
pable, over  their  country. 

Here  I  muft  hint  to  the  reader,  that,  though  I  have 
ftated  the  accompliihments  of  a  member  pretty  high, 
I  am  fenfible,  that  lower,  with  integrity,  will  fuffice, 
or  at  lead  would,  if  parliament  were  upon  the  proper 
foot  as  to  independency.  But  the  lamentable  part  of 
the  cafe  is  at  prefent,  that  by  far  the  greateft  part  of 
our  eledors  are  wholly  incapable  of  diftinguifliing,  and 
muft  be  fuppofed  often  to  chufe  the  worft  qualified 
of  the  candidates,  and  rejedt  the  beft. 

We  often  fee,  before  a  general  eledlion,  many  flam- 
ing harangues  addreffcd  to  the  people,  ihewing  them 
the  importance  of  chufing  proper  perfons  for  fo  mo- 
mentous a  truft.  I  have  wondered  in  myfelf  how 
any  man  of  fenfe  could  wafte  his  paper  and  ink  Co 
fruitlefsly  as  in  giving  people  advice,  which  no  man, 
who  knows  human  nature,  can  expert  them  to  take. 
The  plain  Englijh  of  thofe  harangues  is  as  follows. 
Illuftrious  beggars  of  the  CorniJJo  boroughs ! 

Your  country  expedts  of  you  at  the  approaching 
eledion,  what  every  confiderate  perfon  muft  conclude 
to  be  wholly  out  of  your  reach,  viz.  That  you  will 
wifely  and  honeftly  confider  the  importance  of  the 
truft  repofed  in  you,  of  fending  into  the  legiflative 
aflTembly  of  the  nation  fo  great  a  proportion  of  the 
members.  It  is  expeded,  that  you  are  well  qualified, 
without  having  ever  had  the  means  for  being. qualified 
to  judge  of  the  fitnefs  of  candidates;  that  you,  who 
have  neither  knowledge  of  books,  nor  of  the  world, 

fliould 


64  POLITICAL  Book  II. 

fliould  judge  unerringly  of  the  capacities  and  difpo- 
fitions  of  perfons,  who  offer  themfelves  as  candidates 
for  your  favour.  It  is  likewife  expcded,  illuftrious 
beggars,  that  you,  whofe  circuaiftances  are,  in  the 
moft  miferable  degree,  dependent,  (hould  be,  in  your 
principles  and  difpofitions,  independent  patriots.  As 
we  require  a  qualification  in  members  of  parliament, 
of  feveral  hundreds  a  year,  that  they  may  be  above 
temptation,  To  we  expedt  of  you,  who  are  in  conti- 
nual want,  that  you  defy  temptation.  Do  not,  pa-* 
triotic  cledors,  regard  the  threats  of  your  landlords, 
when  they  tell  you,  they  will  turn  you  out  of  your 
dwelling.  Remember  what  you  never  learned  in 
Horace^ 

Dulce  ct  decorum  eft  pro  patrla  mori. 

It  requires  no  fortitude  above  whatever  grofs  unprm^ 
cipled  fellow  is  matter  of,  to  die  in  a  ditch  for  your 
country,   with  her  wives  and  children  about  you. 

*  Legiflation  (fays  Blackjtone^)  is  the  greateft  ad  of 
luperiority,  that  can  be  exercifed  by  one  being  over 
another.'  How  few  then  can  be  fuppofed  qualified 
for  fuch  a  momentous  truft  !  But  we  put  this  truft  in 
.the  hands  of  any  man,  however  worihlefs,  or  inca- 
pable, who  is  able  and  willing  to  layout  a  few  thou- 
fands  in  the  purchafc  of  a  borough. 

James  I.  before  a  general  eledion,  direds,  *  that 
there  be  not  chofen  any  perfons  banqueroutes,  or 
outlawed  j  but  men  of  knov/n  good  behaviour,  and 
fufficient  livelihood, — nothing  being  more  abfurd  in 
any  commonwealth,  than  to  permit  thole  to  have 
free  voices  for  law-making,  who,  by  their  own 
ads,     are   exempted  from    the    laws    protedion^.* 

none 


i 


aCoMM.  I.   46.  b  Parl.   Hist.  v.  7, 


Chap.  VI.     D  I S  QU I  S  IT  I O  N  S,  65 

None  were  to  be  eligible  to  parliament  in  Cromwffs 
time,  but  perfons  of  known  integrity,  fearing  God 
and  of  good  converfation  ;  no  common  fcoffer  or  re- 
viler  of  Religion  ;  none  who  denies  the  fcripture  to  be 
the  word  of  God  ;  no  common  profaner  of  the  Lord's 
day  ;  no  profefled  fwearer  or  curfer  3  no  drunkard, 
haunter  of  taverns,  ale-houfes,  or  brothels,  nor  that 
fhall  hereafter  drink  healths,  or  be  guilty  of  adultery, 
fornication,  extortion,  bribery,  perjury,  forgery,  &c\ 
Here  was  fuch  an  exclufion-bill,  as,  if  it  had  been 
put  in  force  in  our  times,  would  have  left  St.  Sfep/je?i*s 
Chapel  miferably  depopulated.  But  how  {hould  the 
houfe  be  filled  with  proper  members  by  improper 
eledors  ?  The  lords  rejeded,  ^.  D.  1702,  after  a  fe- 
cond  reading,  a  bill  to  provide,  that  no  perfon  becho- 
fen  a  member  of  the  commons,  who  has  not  a  fuffi- 
cient  real  eftate.  A  great  many  lords  protefted  againfl: 
the  rejed:ion  of  fo  good  a  bill  -,  becaule  the  defign  of  it 
was,  to  prevent  foreigners,  and  men  of  no  property, 
from  having  the  power  of  taxing  the  property  of  Eng^ 
UJhmen^.  But  men  of  no  property  have  now  the  pow- 
er of  taxing  the  property  of  Englijhmen.  For  the  mem- 
bers for  the  boroughs  are  four  times  as  numerous  as 
thofe  for  the  counties. 

There  was  much  debating  in  the  houfe  of  com- 
mons, A.  Z).  1770,  upon  a  bill  for  fetdingwhat  of- 
fences fhould  be  punifhed  by  incapacitation  to  fit  in 
the  houfe.  If  what  judge  Blackjione  affirms,  as  above, 
be  unqueftionably  trut^,  it  is  a  matter  of  fupreme 
confequence,  that  only  men  of  unqueftionable  charaC'OB 
ters  be  legiflators.     For  my  part,  I  ihould  think  a  law 

Vol.  I.  K  for 


a  Parl.  Hist.   xx.  386  b  Deb.  Lords,  11.  48. 


66  POLITICAL         Book  II. 

for  incapacitating  every  man  of  an  ambiguous  cha- 
rader,  highly  proper  and  necefTary.  We  know  how 
exadt  in  that  refpedl  the  antient  heathens  were.  And 
it  were  a  {hame,  that  the  proftffors  of  the  pureft  of  all 
religions  fhould  be  more  lax  in  principle  then  they. 
But  how  is  it  to  be  expeded,  that  any  particular  re- 
garding eledions  (houldbe  properly  managed  by  fuch 
weak  and  influenced  men  as  thofe,  who  fend  in  the 
majority  of  the  houfe  ? 

*Kingsmaymakelords,andcorporations, which  cor- 
porations may  fend  their  burgefles  to  parliament/  fays 
iV.  Bacon  \  The  annotator  obferves,  on  this,  *  Tho' 
the  King  can  make  corporations,  yet  he  cannot  give 
them  a  right  to  be  reprefentcd  in  parliament  with- 
out the  commons  aflent.'  I  believe  Henry  VIII. 
and  his  termagant  daughter  did  notafk  the  confent  of 
the  houfe  of  commons,  when  they  gave  to  fo  many 
places  the  power  offending  members  to  parliament. 
And  if  not,  according  to  this  author,  thofe  places 
have  no  legal  right  to  fend  members.  The  miferable 
village  of  BcJJiney  was  made  a  free  borough  neither 
by  king  nor  queen,  but  by  Richard  earl  of  Corn- 
wal,  brother  to  Henry  III.  it  fent  members  for 
the  firfl  time  under  Edward  VI.  ^  Surely  we  have 
no  occafion  to  be  encumbered  by  this  paltry  place, 
and  its  venal  members.  If  a  king's  brother,  if  even 
a  fheriff  of  the  county,  S  can  give  privilege  of  fending 
members,  furely  a  king  can  take  away  that  mock 
privilege.  Or  if  kings,  and  brothers  of  kings  can 
give    privilege  to  paltry  boroughs  in  one  age,    then 

kings 


a  Disc.Gov.Engl.    Fart  ii.  p.  76. 

b  Deb.  CoM^  xiii.  50.  c  See  above,  p.  58. 


Chap.  VI.      D  I  S  QJJ  I  S  I  T  I  O  N  S,  67 

kins^s  and  their  brothers  can,  In  another  more  enlight- 
ened age,  give  privilege  to  refpedable  counties  and 
great  cities,  to  fend  up  that  number  of  reprefentatives, 
which  is  found  to  be  adequate  to  their  refpedive 
contributions  to  the  public  expcnce.  Our  good  king 
George  III.  (whom  God  preferve  !)  has  as  good  a 
right,  at  leaft  in  foro  confcientia^  to  give  London  100 
additional  members,  to  give  Brifiol  20  additional, 
20  to  the  county  of  Tork,  &c,^s  our  Maries,  our 
Elizabethsy  and  our  Henries,  had  to  give  a  fet  of  rot- 
ten boroughs  the  privilege  of  lending  three  times 
their  adequate  number.  If  a  king  has  power  in  the 
15th  or  16th  century,  to  do  wrong,  furely  a  king  has 
power  in  the  i8th  to  redrefs  that  wrong. 

Suppofe,  for  the  experiment's  fake,  the  cities  of 
London  and  Wejlminjier^  and  county  of  Middlefex-y 
{hould  join  in  a  decent  petition  to  the  legiflature, 
requefting,  that  the  exceffive  nnmber  of  members, 
which  reprefents  the  county  of  Cornwall  tnay  be 
transferred  to  the  fervice  of  the  ineftimable  opulent 
-metropolitan  cities  and  county,  and  their  miferably 
inadequate  reprefentation  to  the  inconliderable  county 
of  Cornwall;  or,  in  other  words,  that  London  and 
Wefiminfler^  and  Middlefex  may,  for  the  future,  be  re- 
prefented  by  4].  members  (not  half  the  adequate  num" 
ber)  and  Cornwal  hy  lo.  Suppofe  Cornwal  to  peti- 
tion, that  nothing  may  be  changed.  Here  would  be 
two  counter  petitions  before  the  legiflature  ;  one, 
of  the  mod  refpedable  property,  that  fends  repre- 
fentatives to  parliament,  requefting  what  they  have 
an  undoubted  title  to^  the  other  of  a  comparatively 
inconfidcrable  property,  iniifting  to  keep  what  un- 
doubtedly they  have  no  right  to,  have  obtained  ia 
a  furreptitious  manner,  and  have  kept  a  great  deal  too 

long, 


68  POLITICAL  Book  II. 

long.     Would  the  legiflature  liften  to  the  latter,  and 
rejed  the  former  ? 

"James  I.  forbids  fending  members  *  from  fuch 
ruinous  places,  as  have  not  fufficient  refyantes  [inha- 
bitants] to  make  fuch  choice  ». 

Were  -he  privilege  of  election  taken  from  the  bo- 
roughs, there  would  be  lefs  occafion  for  a  place-bill. 
For  large  bodies  of  the  independent  people  would  not 
eled,  or  re-eled  place-men. 

'  Moft  of  the  great  counties  and  chief  cities  chofe 
men  who  were  zealous  for  the  king  and  government, 
A.  D,  1701,  but  the  rotten  parts  of  our  conftitution, 
as  an  eminent  author  ftyles  the  fmall  boroughs,  were 
in  many  places  wrought  on  to  chufe  bad  men  ^Z 

*  Before  bribery,  or  meat,  drink,  infinuation,  and 
artifice  prompted  to  the  mean  and  poor  forts  of  burgef- 
fes  a  right,  which  anticntly  they  never  dreamed  of, 
there  were  no  contefts  between  them  and  the  commu- 
nities or  commonalties,  that  is,  the  governing  part  of 
cities  and  burghs,  about  the  eledtion  of  citizens  and 
burgefTes  to  reprefent  them  in  parliament,  feeing, 
when  they  received  wages,  it  was  a  burden  to  thofe, 
who  chofe  and  fent  them.  And  it  is  not  eafily  to 
be  imagined,  that  poor  and  ordinary  men  would  con- 
tend for  a  burthen,  or  a  trouble.-— —There  was  then 
no  flriving  for  votes,  or  making  parties  to  be  eleded  c.' 
No  invention  could  have  been  thought  of  more  fa- 
vourable to  court-iniiuence  in  parliament,  than  giv- 
ing fo  great  importance  to  the  beggarly  boroughs. 
They  are  the  creatures  of  the  court.  That  is,  they 
receive  their  privilege  from  kings ;  and  the  burgage 

tenures 


a  Parl.  Hist.  v.  7.         b  Tind,  Contin.  I.  497. 
c  Brady,   I.     Of  BuR^HS,  75. 


Chap.  VI.        DISQUISITIONS.  69 

tenures  in  them  generally  belong  to  men  of  fortune, 
who  have  power  to  oblige  the  inhabitants  of  thefe 
burgage-houfes  to  eledt  whom  they  pleafe.  And  the 
court  having  great  funds  at  its  difpofal,  ambitious  and 
avaritious  men  are  thereby  drawn  to  the  court-fide  in 
promoting  the  election  of  courtly  men.  But  above 
all,  the  eafinefs  of  bribing  a  fmall  handful  of  voters, 
who  have  the  privilege  of  fending  two  members,  is 
ruinous  to  the  independency  of  the  houfe  of  commons. 
In  the  year  1742,  there  came  before  the  lords  a  bill 
for  quieting  corporations,  occafioned  by  an  appeal  to 
them  from  the  violence  ufed  by  Walpole^  in  order  to 
compel  the  eledtion  of  fome  of  his  creatures  for  Wey- 
mouth, That  arch-corrupter  had  endeavoured  to  in- 
timidate the  corporation  by  threatening  their  charter. 
A  minifter  cannot  by  any  fuch  means  influence  a 
county,  or  a  great  city,  '  Many  of  our  boroughs 
(fays  my  lord  Chejterfield  in  fpeaking  on  that  fubjed) 
are  now  fo  much  the  creatures  of  the  crown,  that 
they  are  generally  called  court-boroughs,  and  very 
properly  they  are  called  fo.  For  our  minifters  for  the 
time  being  have  always  the  nomination  of  their  re- 
prefentatives,  and  make' fuch  an  arbitrary  ufe  of  it, 
that  they  often  order  them  to  chufe  gentlemen, 
whom  they  never  faw,  nor  heard  of,  perhaps,  till 
they  faw  their  names  on  the  miniftcr's  order  for 
chufing  them.  Thefe  orders  they  always  pundlually 
obey,  and  would,  I  fuppofe,  obey  them,  were  the 
perfon  named  in  them  the  minifter's  footman,  then 
adually  wearing  his  livery.  For  they  have,  we 
know,  chofen  men,  who  have  but  very  lately  thrown 
the  livery  off  from  their  backs;  but  never  can  throw 
it  off  from  their  minds  ^Z 

March 


a  Deb.  Lords,  viii.  529, 


70  POLITICAL  BookIL 

March  i8,   1742,  a  bill  for  reeulating  eleclions  for 
cities,  and  boroughs,  was  put  off  for  a  monrh  ^.     The 
author  of  Faction  Detected  by  Facts,  thus  ac- 
counts for  the  lols  of  this  popular  bill :  *  The  true  rea- 
fon  why  this  bill  was  not  pafled  was  one,  which  equally 
affeded  all  parties,  and  which  will  everlaftingly  pre- 
vent  an   effectual  bill    of  this   kfnd  j  and  this  arifes 
from   the   various  rights  of  eledion,    which   are  fo 
numerous,  that  they  diftradt  and  confound   the    dif- 
ferent interefts  of  gentlemen,  which,  to  fpeak  fairly 
on  all  fides,  induces  them,    by  one  plaufible  pre- 
tence or  other,    for  their   private   regard,    to  oppofe 
or  to  propofe,    fo  many  different  claufes,    that   iuch 
bills  become  at  laft  impracticable  and  unpalatable  ta 
all._The  burgage-tenures   too,    which   gendemen 
will  neither  part  with,  nor  can  tell  how  to  regulate, 
arc  another  invincible  obftrudtion  ;    and   the  powers 
and  the  penalties   create  farther   difficulties,    wliich 
no  human   wifdom   has  yet  b.en  able  to  furmount/ 
The  plain  Englijh  of  all  this  is,    that  a  majority  of 
the  members  of  both   houfes  were,  thirty  years  ago 
(not  in  our  golden  days)  fo  fordidly  felfifli  in  their  dif-- 
pofitions,  that  rather  than  lofe  a  trifling  privilege  or 
profit,  they  would   fuffer  their  country  to  fink  in  a 
quick- fand  of  corruption.     It  is  to  be  hoped,  that  this 
Ihocking  account  of  the  ftate  of  patriotifin  thirty  years 
ago,  was  not  true.     But  however  the  truth  may  have 
been,  it  is  particularly  remarkable,    that  an  author, 
who  wrote  on  purpofe  to  fhew,  that  the  clamour  of 
the  people  was  groundlefs,  fhould  incautioufly  confefs, 
that  the  majority  of  the   legiflature  was  fo  execrably 

corrupt, 


a  Deb.  Com.  xiv  258, 


Chap.  VI.         DISQUISITION S^  -^i 

corrupt,  that  there  was  great  and  weighty  ground  fcr 
clamour. 

Lord  North  and  Grey  was  againfl:  the  union,  be- 
caufe  Scotland  was  to  have  twice  the  number  of  re- 
prefentatives,  and  to  pay  only  half  the  tax  paid  by 
WaleSy  though  Wales  was  as  poor,  and  much  lefs  ia 
extent.  hovA  Hallifax  anfwered,  that  C omwal  d\i 
not  pay  above  one  fifth  of  what  Glocejlerjldire  did,  and 
fent  five  times  as  many  members^. 

A  ftate  or  commonwealth,  favs  Milton^  *  is  a  fo- 
ciety  fufiicient  of  itfelf  in  all  things  conducible  to 
well-being  and  commodious  life/  Will  this  defini-* 
tion  anfwer  to  Britain  as  parliaments  now  are  ?  whert 
all  depends  on  a  fet  of  men  authorifed  by  a  very 
fmall  minority  both  as  to  nun^bers  and  property  ? 

It  is  a  common  maxim  in  politics,  that  in  every 
ftate  there  muft  be  fome  wherean  ahfolute  andirrefifti- 
ble  power  over  the  people.  But  this  is  to  be  rightly 
underftood,  or  it  will  lead  to  miftakes.  In  a  monar- 
chy, as  France^  the  whole  power  is  in  the  king 
againft  all  other  voice.  This  is  proper  tyranny.  At 
Venice  it  is  in  the  nobles  exciufively.  This  is  proper 
ariftocracy,  or  oligarchy.  In  Holland  (excepting 
fome  errors  and  deviations)  the  whole  power  is  in  the 
ftates,  that  is,  or  fhould  be,  the  people;  but  it  does 
not  defcend  low  enough,  and  leaves  the  bourgeoifie 
confiderably  enflaved.  In  England  the  whole  power 
is  in  king,  lords,  and  commons.  Therefore  in  monar- 
chies the  peopley  the  chief  objedt,  have  no  ftiare  of 
power.  In  oligarchies  the  people  have  as  little.  In 
republics  the  people  have  a  lliare  of  power.  But  in 
our  mixed  government  the  people  are  fwallowed  up  in 
king,  lords,  and  commons.     To  fay,  therefore,  that 

thera 

ft  DfiB.  Lords,  ii,   173.  b  Eikoncl.    135. 


72  POLITICAL  Book  II, 

there  mufl:  be  in  every  country  an  abfolute  power 
fomewhere  over  the  people,  and  in  which  they  are  to 
have  no  (hare,  is  making  the  people  mere  beads  of 
burden,  inftead  of  what  they  are,  viz.  the  original  of 
power,  the  objed  of  government,  and  laft  refource. 
Our  courtly  people,  therefore,  to  quiet  our  minds  on 
this  fubjedl,  tell  us,  we  have  a  very  great  ihare  in 
governing  ourfelves,  as  wc  eledt  our  law-makers.  We 
have  kQn^  what  this  amounts  to.  And  if  any  Eng- 
lijhman  is  fatisfied  with  the  view  1  have  given  of 
parliamentary  reprefentation,  I  can  only  fay,  he  is 
thankful  for  fmall  mercies. 

There  will   be  occafion  to  exhibit  much  more  on 
this  fubject  in  the  following  chapters  on  Corruption^  &c. 


CHAP.       VII. 

Inadequate  Reprefentation  univ  erf  ally  complained  of. 
Propofals  by  various  Perfom  for  redrejfmg  this 
Irregularity. 

THE  monftrous  inequality  of  parliamentary  repre- 
fentation has  not  cfcaped  unobferved.  And 
there  have  been  attempts  made  to  reform  it. 
«  To  whatgrofs  abfurdities,  (fays  Mr.  Locked)  the 
following  of  cuftom,  when  reafon  has  left  it,  may  lead, 
we  may  be  fatisfied,  when  we  fee  the  bare  name  of  a 
town,  of  which  there  remains  not  fo  much  as  the  ruins, 
where  fcarce  fo  much  houfing  as  a  fheep-cot,  or  more 
inhabitants  than  a  (hepherd,  are  to  be  found,  fend  as 
many  reprefentativcs  to  the  grand  affembly  of  law- 
makers, as  a  whole  county  numerous  in  people,  and 
powerful  in  riches.'     He  afterwards  (hews  (contrary 

to 


a  On  Government,   chap.  xiii.    §  157. 


Chap.  VII.     DISQUISITIONS.  7^ 

to  the  common  objedlion,  That  this  deviation  mud 
not  be  correded,  becaufe  fuch  corredlon  would  pro- 
duce a  violation  of  the  conftitution)  that  rertoring 
adequate  reprefentation,  would  be  precifely  what  is 
wanted  toward  eftabilfhing  the  conftitution  on  its  true 
and  original  principles.  *  This  irregularity  of  repre- 
fentation ftrangers  ftand  amazed  at,  and  every  one 
muft  confefs,  needs  a  remedy,  though  moft  think  it 
hard  to  find  one,  becaufe  the  conftitution  of  the 
legillativc  being  the  original  and  fupreme  ad  of  the 
fociety  antecedent  to  all  pofitive  laws  in  it,  and, 
depending  wholly  upon  the  people,  no  inferior 
power  can  alter  it ;  and  therefore  the  people,  when 
the  legiflative  is  once  conftituted,  having,  in  fuch 
a  government  as  we  have  been  fpeaking  of,  no  power 
to  adt,  as  long  as  that  government  ftands  ;  this 
inconvenience  is  thought  incapable  af  a  remedy. 

Salus  fopuli  fuprema  lex,  is  certainly  fo  juft  and 
fundamental  a  rule,  that  who  fmcerely  follows  it 
cannot  dangeroufly  err.  If  therefore  the  executive, 
who  has  the  power  of  convoking  the  legiflative, 
obferving  rather  the  true  proportion,  than  the  fafliion 
of  reprefentation,  regulates,  not  by  old  cuftom,  but 
true  proportion,  the  number  of  members  in  all 
places,  that  have  a  right  to  be  diftindly  reprefented, 
which  no  part  of  the  people,  however  incorporated^ 
can  pretend  to,  but  in  proportion  to  the  affiftance  it- 
affords  to  the  public;  it  cannot  be  judged  to  have 
fet  up  a  new  legiflative,  but  to  have  reftored  the  old 
and  true  one,  and  to  have  redlified  the  diforders, 
which  the  fucceflion  of  time  had  infenfibly,  as  well 
as  inevitably  introduced.  For  it  being  the  intereft, 
as  well  as  the  intention  of  the  people,  to  have  a  fair 
and  equal  reprefentative,  whoever  brings  it  neareft 
to  that,  is  an  undoubted  friend  to,  and  eftablifher  ofe 

Vol.  I.  L  the 


I|74  POLITICAL  Book  IL 

the  government,    and  cannot  mifs  the  confent   and 
approbation  of  the  community.     Prerogative  being 
nothing  but  a  power  in  the  hands  of  the  prince  to 
provide  for  the  public  good  in  fuch   cafes,    which 
depending  upon  unforefeen  and  uncertain  occurrences 
certain  and  unalterable  laws  could  not  fafely  diredl  ; 
whatfoever  (ball  be  done  manifeftly  for  the  good  of 
the   people,    and  eftablifliing  the  government  on  its 
true  foundation,   is,    and  always   will  be,    true  and 
juft  prerogative.     The   power  of  ereding  new  cor- 
porations,  and  therewith  new  reprefentatives,  carries 
with  it  a  fuppofition,  that,  in  time,   the  meafures  of 
reprefentation  might  vary,  and  thofe  places  have  a  juft 
right  to  be  reprtfented,  which  before  had  none,  and 
by  the  fame  reafon,  thofe  ceafc  to  have  a  right,  and 
become  too  inconfiderable  for  fuch  a  privilege,  which 
before  had  it.     It  is  not  a  change  from  the  prefent 
ftate,  which  perhaps  corruption,  or  decay,  has  intro- 
duced, that  makes  an  inroad  upon  government  j  but 
its  tendency  to  injure  and  opprefs  the  people,   and 
to  fet  up  one  part,  or  party,  with  a  diftindtion  from, 
and   unequal    fubje<ftion    to   the    reft.      Whatfoever 
cannot  but  be  acknowledged  to  be  of  advantage  to 
the   fociety  and  people  in  .general,    upon  juft  and 
lafting    meafures,    will   always,    when  done,  juftify 
itfelf,   and    whenever    the   people   fhall  chufe  their 
reprefentatives    upon    juft    and   undoubtedly   equal 
meafures,  fuitable  to  the  original  frame  of  the  govern- 
ment, it  cannot  be  doubted  to  be  the  will  and  ad:  of 
the  fociety,  whoever  permitted  or^caufed  them  to 
do  it  a'. 

Mr.  Locke  hints,  in  this  paflage,   the  propriety  of 
our  kings  applying  their  prerogative  to  the   reftoring 

of 


a  i^cc-i^on  QovfKnMENT,  fol.  edi(,  p.  220. 


Chap.VII.    DISQUISITIONS.  75 

of  a  more  adequate  reprefentation.  Nor  Is  there  any 
thing  unreafonable  in  the  propofal ;  fince  it  is  noto- 
rious, that  a  great  part  of  the  monftrous  difproportion 
of  reprefentation  in  parliament,  is  owing  to  the  caprice 
of  our  crowned  heads  in  opening  the  houfe  of  com- 
mons to  numbers,  who  had  no  original  right  to  enter 
it.  And  if,  in  order  to  reftore  the  balance,  we  were 
to  disfranchifc  50  or  60  of  the  beggarly  boroughs,  we 
fliould  do  nothing  unprecedented.  For  WiUis  ^  gives 
an  account  of  above  60  *  difufed  or  cbfolete  boroughs 
and  towns,  which  were  antiently  fummoned  to  (end 
members  to  parliament,'  viz.  Done/table,  t^cwbu^y^ 
Ely^  &c.  Where  are  now  the  members  for  thofe 
places  ?  They  would  have  made,  he  fays  b,  ^  a  parlia- 
ment near  half  as  numerous  as  the  reprefentative  of 
the  burghs  was  before  Rdward  VI.*  If  our  former 
kings  and  queens  filled  and  emptied  the  houfe  of  com- 
mons at  th^ir  pleafure,  why  fhould  not  our  modern 
crowned  heads  have  power  to  fct  right  what  they  fet 
wrong,  either  by  diminifliing  (with  confent  of  par- 
liament)the  exorbitant  number  of  borough  members, 
or  incrcafing  the  reprefentation  of  the  counties,  add- 
ing members  to  London,  Wejiminjiery  and  Southwark^ 
to  Brijhly  to  Liverpool^  &c.  or  by  fome  means,  or 
othes,  take  legiflation  out  of  the  hands  of  the  beg- 
gars, and  put  it  into  thofe  of  men  of  property. 

*  It  is  plaufibly  urged,'  fays  a  fpeaker  in  the  houfe 
of  commonsS  *  that  the  voice  of  the  nation  is  only  to 
be  heard  in  this  affembly  [the  houfe  of  commons] ; 
but  plaufibility  is  one  thing,  and  truth  another. 
This  affembly  does  not  conftitute  a  real  reprefenta- 
tive 


a  Not.  Pari.  iii.  8i.  b  Pref.  p.  XXX. 

c  LoND.  Mac.  June,  1771,  p,  ;i87. 


76  POLITICAL  BookIL 

tive  of  the  kingdom.  The  metropolis,  for  inftance, 
which  contains  at  leaft  a  6th  part  of  the  people,  fends 
to  parliament  only  8  members,  and  many  of  the 
principle  trading  towns  fend  none.' 

*  A  great  inconvenience  fprings  from  the  conftitu- 
tion  of  the  boroughs,'  (fays  a  writer  in  the  time  of 
K.  William^)  *  wh'ch  elefl:  not  by  virtue  of  their 
wealth,  dignity,  or  number  of  inhabitants,  but  by 
the  borough-houfes,  in  which  they  live ;  thefe  only 
(which  perhaps  are  the  moft  inconfiderable  part  of  the 
borough)  having  in  them  the  eleding  power  exclufive 
of  the  reft.  This  qualification  makes  fuch  houfes  fell 
better  to  a  purchafer,  than  any  others  in  the  town ; 
and  it  is  cuftomary  for  gentlemen,  who  are  defirous 
of  a  feat  in  parliament,  to  lay  out.  their  money  ia 
fuch  bargains,  and  though  it  cofts  them  dear,  yet, 
if  it  be  poflible,  they  will  be  land-lords  of  a  fufBcient 
rumber  of  thefe  borough-houfes  (in  the  purchafe 
whereof  feme  friend's  name  is  moftly  made  ufe  of  in 
truft)  that  thereby  they  may  command  an  cledion 
either  for  themfelves,  or  their  affigns,  at  pleafure. 
And  what  is  this  lefs  than  buying  of  votes  with 
money  ?  '  This  is  what  is  called  the  rotten  part  of  the 
conftitution.  It  cannot  continue  the  century.  If  it 
does  not  drop,  it  muft  be  amputated,'  faid  lord  Chu'^ 
tham,  in  his  fpeech  on  the  flamp-aft. 

Cromwel\  plan  of  a  parliament  b  was  briefly  as  fol- 
lows:  The  period  triennial;    the  whole   number   of 
members  to  be  400  for   'England  and  Wales',  30  for 
Scotland,  and  30  for  Ireland^     The  number  of  mem- 

bersi 


a  State  Tracts,  time  oi'iL.  Willi  am,   i.  l6|. 
b  fFhitelocii' iMi.MOiKS,  552. 


Chap*VIL      DISQUISITIONS.  ^7 

bers  for  feme  of  the  mod  remarkable  places  was  as 
follows;  Cornwal  12,  Devonfxre  20,  York  22, 
EJex  16,  Kent  18,  Middlefez  6,  London  6,  Briftol 
2.  He  alfo  intended  members  for  feveral  places, 
which  now  fend  none,  as  Manchejier,  &c.  Every 
reader  will  obferve,  that  this  Icheme  was  far  from 
being  an  adequate  reprefentation,  though  much  pre- 
ferable to  the  prefent.  Of  the  400  EngUpo  members, 
270  were  county-members;  which  gave  the  counties 
the  advantage  they  ought  to  have  over  the  boroughs ; 
whereas  in  our  times  the  borough  members  out-num- 
ber thofe  for  the  counties  4  times  over.  Every  per- 
fon  worth  200/.  real  or  perfonal  was  to  have  right  of 
voting;  whereas  in  our  times,  hardly  any,  but  beg- 
gars, have  weight  in  appointing  the  reprefentative, 
Fairfax  in  his  fcheme  for  fettling  the  nation,  propofes 
adequate  reprefentation  by  counties  a.  Lord  Chatham 
has  propofed,  that  a  third  member  be  added  to  the 
reprefentation  for  each  county.  This  would  be  of 
fervice  j  but  would  not  redrefs  the  evil.  For  reprefen- 
tation would  beftill  out  of  proportion,  as  the  borough 
members  would  ftill  out- number  thofe  for  the 
counties..  Lord  Molefworth  is  for  transferring  the 
members  for  the  mean  boroughs  to  the  great  places. 
Mr.  Hume  propofes  b,  as  an  improvement  of  the 
Britijh  conftitution,  the  reftoration  of  the  plan  of  the 
republican  parliament,  and  allowing  no  perfon  to 
vote,  who  did  not  poffefs  a  property  [he  does  not 
confine  it  to  land]  of  200/.  value.  Mr.  Carte  pro- 
pofes, for  equalling  reprefentation,  to  give  all  perfons 
pofTefled  of  property  within  the  hundredy  in  which  is 
a  fmall  borough  (which  now  of  itfelfknds  two  mem- 
bers) 


a  Parl.  Hist,  xvi.  205.  b  Essays,  ii.  375 


78  POLITICAL  Book  11. 

bers)  a  right  of  voting  equally  with  the  men  of  the 
borough  J  and  to  make  the  fteward,  or  judge  of  the 
hundred  court  a  joint  returning  officer  with  the  pre- 
fent  borough-officer.  This  would  render  bribery 
more  difficult,  than  it  is,  but  would  not  make  parlia- 
mentary reprefentation  adequate. 

On  this  fubje<5t  the  author  of  the  Dissert,  upon 
Parties  a,  reafons  as  follows :  *  At  the  fettling  of 
the  revolution,  thofe  perfons,  who  had  exclaimed 
fo  loudly  againft  placemen  and  penfioners  in  the  reign 
of  Charles  II.  and  who  complained  at  that  inftant  fa 
bitterly  of  the  undue  influence  that  had  been  employed 
in  fmall  boroughs,  chiefly  to  promote  the  eledions 
of  the  parliament  which  fat  in  the  reign  of  James  XL 
ought  to  have  been  attentive,  one  would  think,  to 
take  the  glorious  opportunity,  that  was  furniibed 
them  by  a  new  fettlement  of  the  crov/n,  and  of  the 
confliitution,  to  fecure  the  independency  of  parlia-; 
ments  eflfedlually  for  the  future.  Machiavel  obferves,  i 
and  makes  it  the  title  of  one  of  his  difcourfes.  That  a 
free  government,  in  order  to  maintain  itfelf  free,  hath 
need  every  day  of  fome  new  provifions  in  favour 
of  liberty.  The  truth  of  this  obfervation,  and  the 
reafons  that  fupport  it,  are  obvious.  But  as  every 
day  may  not  furnifh  opportunities  of  making  fome 
of  thefe  new  and  neceffary  provifions,  no  day,  that 
does  furnifli  the  opportunity,  ought  to  be  negledled.  | 
Tho  Romans  had  been  fo  liberal  in  beftowing  the 
right  of  citizens  on  ftrangers,  that  the  power  of  their 
cledions  began  to  fall  into  fuch  hands  as  the  confti- 
tution  had   not  intended  to  truft  with  them,     ^in- 

tus 


a  P.  axS. 


Chap.  VII.         DISQUISITIONS.  79 

tus  Fabius  faw  the  growing  evil  5  and  being  cenfor, 
he  took  the  opportunity;  confined  all  tbefe  new  elec- 
tors into  four  tribes,  put  it  out  of  their  power  to  turn 
the  eledions,  as  they  had  done  whilft  their  numbers 
were  divided  among  all  the  tribes  3  freed  his  country 
from  this  danger  5  reftored  the   conftitution   accord- 
ing to  the  true  intent  and  meaning  of  it ;  and  ob- 
tained, by  univerfal  fufFrage,  the   title  of  Maximus. 
If  a  fpirit  like  this   had   prevailed  among  us  at  the 
time  we  fpeak   of,  fomething  like  this   would  have 
been  done  ;  and  furely    fomething  like  it  ought  to 
have  been    done,  for   the    revolution  was  in    many 
inftances,  and  it  ought  to  have  been   fo   in  all,  one 
of  thofe    renovations  of  our  conftitution  which  we 
have  often   mentioned.     If  it  had   been  fuch   with 
refpedl  to  the  eleding  of  members  to  ferve  in  par- 
liament, thefe  eledions  might  have  been  drawn  back 
to  the  antient   principle,  on   which   they  had    been 
eftablifhedj  and    the    rule  of  property,  which  was 
followed  antiently,  and  was  perverted  by  innumerable 
changes  which  length  of  time  produced,  might  have 
been  reftored,  by  which  the  communities,  to  whom 
the  right  of  eleding  was  trufted,  as  well  as  the  qua- 
lifications of  the  eledors  and  the  eleded,  might  have 
been  fettled  in  proportion  to  the  then  prefent  ftate  of 
things.      Such  a   remedy    might    have   wrought    a 
radical  cure  of  the  evil  which  threatens  our  confti- 
tution 5  whereas  it  is  much  to  be  apprehended,  even 
from  experience,  that  all  others   are   merely  palli- 
ative. 

jBr^i/)/ a  mentions  refolutions  of  the  houfe  of  com- 
mons. That  in  all  places,  where  there  is  neither  char- 
ter. 


a  I,  Of  Burgs,  6o, 


8o  POLITICAL  Book  IL 

ter,  nor  immemorial  cuftom,  to  the  contrary,  every 
houfeholder  has  a  right  to  vote  for  members.  In  fome 
inftances,  prefcription  for  confining  theright  of  eledtion 
to  the  bailiffs  and  capital  burgeffes,  excluding  houfe- 
holdcrs  in  general,  have  been  difallowed  by  the  houfea. 
But  the  refolutions  of  the  houfe  on  this,  as  on  many 
other  points,  are  often  inconfiftent.  Brady  (who 
(hews  great  fear  left  the  people  (hould  have  any  li- 
berty, or  power)  thinks  the  commons  founded  this 
refolution  fo  favourable  to  the  people,  on  a  miftake 
as  to  the  fenfe  of  the  phrafe,  communitas  civitatum  ef 
burgorum ;  which  meant,  he  thinks,  the  governing 
part  of  cities  and  burghs,  not  the  houlholders  in  gene- 
ral. But  furely  it  is  more  for  the  advantage  of  liber- 
ty, that  eledtion  be  in  many,  than  few,  hands  j  as  it 
is  harder  to  ihie  many  than  a  few* 

We  fee  what  light  this  grievance  of  inadequate 
parliamentary  reprefentation  has  been  viewed  in  by  the 
beft  politicians.  If  therefore  judge  Blackjlone  did,  at 
the  time  he  wrote  the  I72d  page  of  the  firft  vol.  of  his 
Commentaries,  recoiled;  the  miferableftateofrepre- 
fentation  in  our  times,  it  is  inconceivable  how  he 
could  bring  himfelf  to  write  as  he  has  done.  *  Only 
fuch  are  entirely  excluded,  from  voting  for  members, 
fays  he,  as  can  have  no  will  of  their  own*  [meaning 
poor  and  dependent  people  without  property].  *  There 
is  hardly  a  free  agent  to  be  found,  but  what  is 
entituled  to  a  vote  in  fome  place  or  other  in  the 
kingdom/  Did  the  learned  judge  confider,  what  he 
himfelf  has  obferved,  that  the  borough-members  are 
four  times  as  numerous,  as  the  county-members ;  that 

a  few 


a  Brady^  i.  Op  Burghs,  6o. 


Chap.  VIL      D  I S  aU  I S  I  T  I  O  N  S.  8r 

a  few  thoiifands  of  electors  fend  in  the  majority  of  the 
houfe;  that  in  many  places  ahandnil  of  beggars  fends 
in  as  many  members  as  the  great  and  rich  couiity  of 
Torky  or  city  of  Brijiol  ?  Did  the  learned  judge  con- 
fider  thefe  fhucking  abfurdities,  and  monftrous  difi- 
proportions,  or  did  he  coniider  the  alarming  influence 
the  court  has  in  parliament,  when  he  wrote  what 
follows,  viz.  *  If  any  alteration  might  be  wiihcd,  or 
fuggefted  in  the  prefent  frame  of  parliaments,  it 
fliould  be  in  favour  of  a  more  complete  reprelen- 
tation  of  the  people/  What  !  are  we  to  be  put  off 
with  a  cold  If,  in  a  cafe  where  our  country  lies  bleed- 
ing to  death  ?  '  If  any  alteration  might  be  widied' — 
Let  us  go  on  then,  and  fay.  If  the  deliverance  of 
ourfelves  and  our  pofterity  from  deftrudion  might 
be  wifhed  ;  if  any  alteration  of  what  muil  bring  us 
to  ruin  might  be  wifhed — any  alteration  from  a 
mockery  rather  than  the  reality  of  reprefentation— 
any  alteration  from  300  placemen  and  penfioners 
fitting  in  the  houfe  of  commons— any  alteration 
from  a  corrupt  court's  commanding  the  majority  of 
the  eledions  into  the  houfe,  and  of  the  votes,  when 
in  it — any  alteration  from  the  parliament's  bccomuig 
a  mere  outwork  of  the  court — If  it  is,  at  laft  to  be 
doubted,  whether  the  faving  of  our  country  is  tu  be 
wifhed,  what  muft  become  of  us  ?  Had  a  hackneyed 
court-hireling  written  in  this  manner,  it  had  been  no 
matter  of  wonder.  But  if  the  moll  intelligent  men 
in  the  nation  are  to  endeavour  to  perfuade  the  peo- 
ple that  there  is  hardly  room  for  a  with  -,  that  there 
is  fcarce  any  thing  capable  of  alteration  for  the  better, 
(the  judges  four  volumes  are  a  continued  panegyric) 
at  the  very  time  when  there  is  hardly  any  thing  in 
Vol.  L  M  the 


82  POLITICAL  BookIL 

the  condition,  it  ought  to  be  in,  at  the  time  when 
we  have  upon  us  every  fymptom  of  a  declining  ftate, 
when  we  are  finking  in  a  bottomlefs  gulf  of  debt  and 
corruption,  the  fpirit  of  the  conftitution  gone,  the 
foundations  of  pubHc  fecurity  fhaken,  and  the  whole 
fabric  ready  to  come  down  in  ruins  upon  our  heads— 
if  they  who  ought  to  be  the  watchmen  of  the  public 
weal  are  thus  to  damp  all  propofals  for  redrefs  of 
grievances — ^o  resfumma  loco  f  In  what  condition 
is  this  once  free  and  virtuous  kingdom  likely  foon 
to  be  ? 


BOOK    III 


.^^'y. 


Chap.  I.  DISQUISITIONS.  83 


BOOK      III. 

Of  the  fecond  Conftitutional  Irre- 
gularity in  our  Parliaments,  viz. 
The  exceffive  Length  of  their 
Period. 

CHAP.     I. 

Parliaments  were  originally  annual. 

*  '\^\  THERE  annual  eledlion  ends,  flavery  begins/ 
^^  %s  the  author  of  Histor.  Ess.  on  thb 
^  ^  Brit.  Const.  A  maxim  of  equal  folidi- 
ty  in  politics  with  that  of  my  late  amiable  friend  Dr. 
Fofter  in  divinity,  viz.  '  Where  myftery  begins,  reli- 
gion ends.'  Long  parliaments  are  incompatible  v^ith 
liberty.  To  give  a  fet  of  men  power  for  a  long  pe- 
riod of  time,  is  giving  them  the  hint,  that  they  may 
make  themfelves  defpots,  if  they  pleafe.  Kings  and 
grandees  are  tyrants  only  becaufe  they  know  they 
have  their  power  during  life.  But  of  the  danger  of 
inveterate  power  I  (hall  have  occafion  to  treat  more 
fully  hereafter. 

Parliaments,  according  to  Polilethwayte^y  were  ori- 
ginally annual  ;    and  antiently  all  the  people  voted  at 
elediions,  till  Henry  VI.   enadted,  that  only  freehol- 
ders 


a  DicT,  n,  413. 


84  POLITICAL  Book  HI. 

ders  refiding  in  the  country,  and  who  had  an  income 
of  40J.   a  year,    fliould  vote.      '    That  parhaments 
were  formerly  chofen   trefh  and    frefh,    is   evident ; 
fince  there  be  writs  extant  for  new  eledtions  for  80 
years  Aicceffively ;'  fays  the  learned  writer  of  a  piece 
entjrkd,  Limitations  for  the  Successor,  &c,  \ 
In  the  Saxon  times  it  cannot  well  be  fuppofed,  that 
parliaments  could  be  longer  than  annual,  were  it  only 
for  one  reafon,    viz.     That  the  members    of  iheir 
mttena  gemots,    or   parliiiments,    were  mayors,    or 
officers,  who  held  their  officers  only  one  year,  at  the 
end  of  which  they  were  obliged  to  diveft  themfelves 
of  ali  power,  and  •to  affemble  the  people   for   nev/ 
eledion.     It  was  agreed,  that  a  parliament  ihould  be 
held  twice  every^  year  at  London^  and  this  continued 
from  king  Alfred^  time  to  that  oi  Edward  II.  as  ap- 
pears  by  Horns  Mikr.  of  Just.  chap.  i.  fed.  2.^* 
A,  D,  1378,    a  parliament   was  called,  becaufe,  a- 
mong  other  reafons,  it    was  conftitutional,  that  par- 
liaments fljould  be  held  annually  c.     The  commons, 
A^D.  194O,  regret,  they  had  not  made  parliaments 
annual,  mflead  of  triennial.     By  two  ftatutes,  they 
fay,  they  found  parliaments  once  a  year  ftillin  forced. 
When  the  triennial  bill   was  eftablifhed,  in  the  time 
oi  Charles  I.  after  an  intermiffion  of  12  years,  the 
king,    in  the  genuine   fpirit    of  a  Stuart^    made  a 
merit  of  his  agreeing  to  the  bill.     The  commons 
would  not  allow  it;    but  infifted,    that  there  were 
then  in  force  two  ftatutes  for  annual  eledtions.    '  The 
bill  for  triennial  parliaments,    fays  Mtlton^,  was  but 
the  third  part  of  one  good  ftep  towards  that  which 

in 

a  State  Tracts,  Time  of  K.  JVilL  iii.  386. 
b  Ibid.  I.  163.  c  Parl.  Hist.  i.  370. 

d  Rap,  II.  394,  e  Milt*  Eikon.  64. 


Chap.  I.        D  I  S  QJJ  I  S  I  T  I  O  N  S.  85 

in  times  paft  was  our  annual  right/  Milton  ^  fays  this 
triennial  bill  of  which  Charles  made  a  great  merit, 
was  much  lefs  than  two  ftatutes  yet  in  force  of  Ed- 
ward III.  Nay,  in  a  book,  entitled.  The  Rights 
OF  THE  Kingdom,  the  Mirror  of  Justices  is 
quoted,  that  parliaments  by  the  old  laws,  ought  to 
be  held  twice  a  year.  If  fo,  we  are  deprived  of  13 
parts  in  14  of  our  artient  privilege. 

y\v  William  Wyndhaniy  in  the  debate  on  the  repeal 
of  the  feptennial  ad,  A,  D.  1734,  gives  the  true 
account  of  this  matter.  *  At  the  time  of  the  revolu- 
tion, fays  he,  nay  at  the  prefent  time,  at  all  times, 
the  word  parliament  in  the  common  way  of  fpeaking 
comprehends  all  the  feffions  from  one  eledion  to 
another.  That  this  is  the  common  meaning  of  the 
word,  I  appeal  to  evtry  gentleman  in  this  houfe ; 
and  for  this  reaibn  thole  patriots,  who  drew  up 
our  Claim  of  rights,  could  not  imagine  that  it 
was  necelTary  to  put  in  the  word  72ew  ;  they  could 
not  fo  much  as  (iream  that  the  two  words,  frequent 
parliaments,  would  afterwards  be  interpreted  to  mean 
Jrequent  JeJ/ions  of  parliament,  but  the  lawyers,  who 
are  accallomed  to  confound  the  fcnfe  of  the  plained 
words,  immcdi^telv  found  out  that  a  fejjion  of  par- 
liament was  a  parliament',  meant  only  frequent  fef- 
Jions.  This  quirk  the  lawyers  found  out  immedi- 
ately after  the  I  evolution  J  this  quirk  the  courtiers 
at  that  time  caught  hold  of  5  and  this  fet  the  people 
anew  upon  the  vindication  of  their  rights,  which 
they  obtained  by  the  triennial  bill.  By  that  bill  the 
right  of  the  people  to  frequent  new  parliaments  was 

efta- 


a  EiKONt  65. 


86  POLITICAL         Book  III. 

eftablifhed  in  fuch  clear  terms,  as  not  to  be  mifan- 
derftood,  and  God  forgive  them  who  confcnted  to  the 
giving  it  up.  ^\ 

The  anfwer  given  by  the  king  (that  Is,  the  mini- 
fter)  to  the  remonftrances  requefting  the  diffolution  of 
a  fuppofed  corrupt  parliament,  A.  D.  1770,  was. 
That  the  remonftrances  were  difrefpedtful  to  his  ma- 
jefty,  injurious  to  parliament,  and  irreconcileable 
with  the  principles  of  the  conftitution/  It  were  to 
be  wiftied,  that  the  public  had  been  better  fatisfied 
of  thcjuftnefs  of  this  anfwer.  Does  not  the  very 
idea  of  petitioning  imply  acknowledgment  of  fuperi-- 
ority  in  the  perfon  addreffed  to  ?  Were  not  the  remon- 
ftrances addreffed  to  the  king  by  his  titles  of  fove- 
reigrity  ?  Was  not  an  appeal  to  the  fovereign  from  a 
fuppofed  corrupt  miniftry  and  parHament  doing  ho^noury 
nay,  was  it  not  doing  the  higheji  honour  in  the  power 
of  the  remonftrants,  to  the  throne,  and  to  xht perfon  of 
the  king,  as  fuppofing,  that  from  him  alone  there  was 
hope  of  redrefs  ?  Again,  what  injury  to  parliaments 
in  general  was  done  by  requefting  the  diffolution  of  a 
particular  parHament?  If  the  members  had  aded 
uprightly,  it  was  to  be  expeded,  that  their  conftitu- 
ents  (if  free)  would  immediately  re-eled  them,  which 
inftead  of  difgrace,  would  have  refleded  the  higheft 
honour  upon  them.  If  indeed  it  had  been  confeffed, 
that  many  members,  from  a  confcioufnefs  of  their 
corrupt  pradices,  had  reafon  to  fear  the  lofs  of  their 
feats,  the  cafe  wasotherwife  :  but  this  was  too  fhame- 
ful  to  confefs.  Or  if  it  had  been  faid,  that  a  majority 
of  theeledlors,  being  dependent  on  their  members, 
or  obnoxious  to  bribery,  would  of  courfe  have  re- 
chofcn  the  fame  men,  at  worft  the  diffolution  of  the 

parlia- 


a  Deb.  Com.  viii.  i 


90. 


Chap.  II.        DISQUISITIONS.  87 

parliament  would  have  been  nugatory.    But  it  would 
have  (hewed  the  people,  that  the  king  was  willing  to 
liften  to  the  requeft  of  60,000  of  his  fubjeds,  Laftly, 
as  to  the  remonftrances  being  irreconcilable  with  the 
principles  of  the  coaftitution  ;  it  is  ftrange  that  there 
fhould  be  any  thing  unconjiitutional  in   requeiting  the 
king  to  do  what  the  conflitution  gives  him  a  power  to 
do  at  any  tme\   what  William  IIL  did  in  compliance 
with  a  petition  from  one  county ;  what  George  II.  did 
without  folicitation,  and  without   blame,  when  he 
diffolved  one  of  his  parliaments  at  the  end  of  the  6th 
feflion,  with  the  view,  according  to   fome,  of  pre- 
venting the  irregularities  of  a  long  eledlioneering  time. 
It  is  ftrange  that  there  (hould  be  any  thing  unconfti- 
tutional  in  the  king's  dijfohing  a  parliament  at   the 
requeft  of  6  times  the  number  and  60  times  the  pro- 
perty that  made  them  a  parliament.     It  is  ftrange, 
that  there  (hould  be  any  thing  unconftitutional  in  dif- 
folving  a  parliament  which  had  iztfeveral  years,  when 
we  know,  that  the  lejtgtb  of  parliaments  is  one  of  our 
greateft  grievances,  and  that  our  kings  could  not  any 
way  more  cfFedtually  (hew  themfelves  to  be  the  Jriends 
of  the  conjlitutioriy  than  by  regularly  difTolving  every 
parliament  at  the  end  of  \htjirji  fefiion. 


C    H    A    P.       11. 

Brief  Hijiory  of  the   lengthening  and  JIjorte?zing  of 
Parliament. 


P 


Arli  AMENTs  feldom  fat,  in  former  times,  many 
months.  *In  one  year  there  werefometimes  2, 
fometimes  3  parliaments,  faysSir  SimonDewes  on 

the 


88  POLITICAL  Book  IL 

the  poll-tax  before  the  lords  in  1641  ^  Tt^e  longeft 
parliament  ever  yet  held/  viz.  aimoft  a  whole  year, 
under  Hen,  IV.  was  three  times  prorogued,  which 
was  then  an  innovation  K  An  adl-was  made  4  Edw. 
Hi.  cap  1 4.  for  holding:  parliaments  yearly,  or  oftener, 
if  neceffary.  Again  by  36  Edw.  Hi.  cap.  iqc.  *  They 
knew  not,  in  thofe  days,  the  fa/hion  of  prorogations. 
Therefore  parliaments  then  were  annual.'  The  un- 
thinking people  of  Charles  iTs.  time  were  contented 
if  there  was  no  interruption  of  parliaments,  longer 
than  for  three  years.  Henry  Vlths  reign  was  the 
firft  in  which  prorogations  began  to  be  made  for 
any  time,  and  they  were  but  very  little  ufed  till 
Hen,  Vlllths  time.  The  ufual  way  formerly  was 
to  call  a  parliament  at  Icaft  once  a  year,  and  as  foon 
as  the  bufinefs  was  done,  to  diffolve  them  ^.  Henry 
VIII.  firft  lengthened  parliament  beyond  three  years, 
as  the  moft  effedual  means  for  rendering  the  members 
obedient  to  his  will.  Annual  parliaments  were  re- 
ftored  by  Philip  and  Mary^  after  an  intcrmiffion  of 
two  years  e. 

Charles,  A.  D.  1640,  makes  a  mighty  merit  of 
giving  his  affent  to  the  bill  for  triennial  parliaments, 
before  any  fubfidy  granted  to  him^.  Great  joy, 
and  boti:  houfes  waited  on  the  king  with  thanks  S. 
This  falutary  law  was  repealed  16  Car.  II.  therefore 
is  not  in  the  Statuteis  at  Large,  The  purport 
of  it  is  to  reftorc  the  laws  by  which  parliaments  ought 

to 


a  Parl.Hist.    IX.  439.  b  Ibid.     11.  107. 

c  Stat,    at    Lar'ge,   i.     196,    292.    Parl.   Hist.     i.    314. 

jj  See  Reasons  for.   annual  Parl.   St.  Tracts,  time  of  K. 

William t    ill.  290* 
cParl.   Hist.    hi.  341,   349. 

i  Hu7ne'^Yi\%'V.   Stuarts,    1.259,     ParL.Hist.    IX.  2 1 3. 
g  Parl.   Hist,  ix,   220. 


Chap.  IL       D  I  S  QUI  S  IT  I  O  N  S.  89 

to  be  held  annually.  It  ena6ls,  that  if  the  chancellor 
does  not  iffue  out  writs,  any  12  peer^.  fhall  in  the 
king's  name  ;  failing  them,  the  (heriff?,  mayors, 
bailiffs,  &c.  (hall  caufe  eledlions  to  be  made^  they 
negledting,  the  elediors  {ball  proceed  as  if  writs  had 
been  regularly  iffued.  It  had  been  happy  if  the  peo- 
ple had  been  conftituted  with  authority  to  make  laws, 
when  the  legiflature  did  not  their  duty.  The  pream- 
ble to  .the  repeal  of  this  falutary  law,  puts  it  upon  the 
derogation  it  is  from  the  king's  prerogative.  As  if 
the  falus  popuU  were  not  of  infinitely  more  confequence 
than  the  king's  prerogative,  whofe  only  value  is  its 
ufefulnefs  to  xh^  people. 

The  army  demanded,  ^.£).  164.7,  that  parliaments 
fhould  be  triennial,  and  the  diflblutionof  them  not  in 
the  king's  power.  A  reprefentative  according  to  the 
contributions  refpedively  paid  to  the  public  bycoun* 
ties ;  and  that  improper  members  be  expelled  a.  The 
army  at  this  time  Teem  to  have  been  the  mod  reafonable 
fet  of  men  in  the  nation.  Before  Charles  Ift's  time  the 
members  of  the  houfe  of  commons  never  dreamed  of 
their  having  power  to  continue  themfelves  in  office  one 
hour  beyond  the  time  limited  by  their  conftituents. 

The  author  of  Histor.  Essays  on  the  Engl, 
CoNSTiT,  is  too  fevere  againft  the  long  parliam.ent 
which  oppofed  Charles  I,  They  certainly  meant 
honeftly,  having  no  byafs  to  draw  them  from  the  public 
iniereft,  though  they  fat  too  long,  fearing,  perhaps, 
that  their  fucceflbrs  might  not  be  as  faithful  as  them- 
felves. It  was  much  more  clearly  difinterefted  than 
the  protracSing  of  parliament  from  triennial  to  fcpten- 
nial  for  the  pretended  fear  of  a  Jacobite  parliament. 
He  fays  it  was  madnefs  in  the  people  to  rejoice  upon 

Vol.  I.  N  the 

ji  Macauh   lY.  329. 


90  POLITICAL  Book  III. 

the  king's  eonfenting,  for  600,000  /.  raifed  for  him, 
not  to  diflblve  parliament  without  their  own  confent. 
This  was  the  firft  protraction  of  the  period  of  parlia- 
ment,, and  taught  ill-defigning  minifters  to  imitate  it. 
It  is  an  evil  of  kingly  government,  that  through  fear 
of  tyranny,  well  meaning  people  have  often  confented 
to  what  was  unconftituiional.  So  in  the  alteration 
from  triennial  to  feptennialjacobitlfm,  or  an  attachment 
to  a  race  of  kings ^  was  the  caufe  of  the  irregularity. 

The  triennial  bill  was  repealed,  A,  D.  1664,  and 
inflead  of  it  a  law  to  prevent  parliaments  having  vaca- 
tions of  more  than  three  years  a.     One  would  think 
all  memory  oiyames  I.  and  Charles  1.  was  miracuioufly 
oblitc  rated  out  of  the  minds  of  the  people  of  England. 
It  was  but  1 5  years  before  ihdXCharlesi,  was  beheaded  ; 
and  the  people   (or  the  parliament  at  lead)    were  for 
trufting  their  all  again  to  kings.     The  long,  or  pen- 
fioned  parliament  meets  1661,  agreeable  to  the  court, 
and  fays  RapWy   *  without  doubt  by  the  influence  of 
the  court/     Great  part  were  high  church  men  and 
royalifts.     Penfioning  begun  afterwards,  tho'  at  the 
beginning  of  this  parliament  they  (hewed  a  great  par- 
tiality for  the  king  b.    The  commons  threw  out  a  bill 
for  {hortening  parliaments.     The   lords  fend   down 
ancthcr :   Rejected  likewife,  A.  D,  1693  c.     Parlia- 
ments were  made  triennial  by  6  William  III.  cap.  2.  ^ 
In  that  reign  they  were  often  diflfolved  at  the  end  of 
the  firfl  feffion.     2  George  I.  they  were  made  fepten- 
nial.     The  pretence  w^as,    the  danger  of  a  Jacobite 
houfe  of  commons:  The  real  reaion,  that  they,  who 
were  in  power,    chofe  to  continue   in  power.     The 

triennial 


a  Rapiuy  II.  635.     Deb.  Lords,   i.  66. 

b  Rapifty  11.625.  c  TlW;  CoNTin.  i.  249, 

d  Stat,  at  Large,    hi.    173. 


Chap.  II.         DISQUISITIONS.  91 

triennial  bill  receives  the  royal  affent,  A.  D.  16943. 
And  the  hiftorian  obferves,  that  if  our  good  king  had 
not  done  it  that  day  (queen  Mary  juit  taken  ill  of  the 
fmall-pox,  of  which  (he  died)  it  is  probable  he  never 
would  have  given  it  the  royal  affent.  So  indifferent 
are  even  our  bell  kings  about  bills  tending  to  the  en- 
largement of  the  people's  liberty.  At  the  fame  time, 
it  mud  be  owned,  William  had  fome  reafon  to  dread 
a  change  of  parliaments.  The  abbe  Reynel  tells  us  t>, 
that  when  this  triennial  bill  was  under  confideration, 
queen  Mary  defired  lord  Bellamonf,  her  treafurer,  to 
oppofe  it.  He  refufed.  He  was  defired  only  to  be 
neutral.  He  proved,  on  the  contrary,  very  adive  in 
promoting  the  bill.  The  queen  difmiffed  him  from  his 
poft.  He  retired  to  privacy  and  frugality.  The 
queen,  overcome  by  his  obilinate  virtue,  offered  him" 
a  penfion.  He  declined  it,  faying.  He  had  no  right 
to  a  reward,  as  he  didno  fervice.  It  is  wonderful, 
that  George  I.  fhould  fo  eafily  obtain  the  repeal  of  fo 
favourite  an  ad.  A  ftrong  claufe  was  added  by  the 
lords  to  the  bill  of  rights,  excluding  effectually  all 
popifh  fucceffors  to  the  throne.  Faffed  eajlly  by  the 
commons,  which  looks  as  if  the  tory  and  popirti  par- 
ties had  not  been  fo  ftrong  in  the  houfe  and  kingdom 
as  thofe  who  brought  in  the  feptennial  bill  pretended. 
This  was  A.  D*  1689,  and  feptennial  parliaments  were 
efiablifhed  A.  D.  1716^.  It  is  hardly  to  be  ima- 
gined that  there  ihould  be  more  danger  from  Jaco- 
bitifm  in  1716  than  in  1689,  thevery  year  after  y^/;2.^j's 
abdication.  All  this  lljews  how  flimzy  the  pretences 
are  for  what  is  big  with  fo  much  evil.     So  Julius 

Cafar 


a  Tind.  Con  tin.  i.  260 

b  Hist.  Parl.  Engl.  272. 

c  7/W,  CoNTiN,  1.  55. 


92  POLITICAL  BookllL 

Cafarv^^%  appointed,'by  the  fenate  and  people  of  Ro7ne, 
didator  for  6  months.  He  made  himfelf  perpetual 
dictator.  All  the  world  qondemns  this  tyrannical  pro- 
ceeding. The  houfe  of  commons,  2  George  I.  was 
eleded,  as  ufual,  for  three  years.  They  eledted  them- 
felvej^  for  four  yeaft  more,  without  leave  of  their  con- 
ftiruents,  given,  or  even  aflced  1  O !  but  the  danger  of 
a  Jacobite  parliament,  if  a  new  eledlion  was  brought 
on  !  True.  And  in  the  fame  manner  Cajar^  in  his 
civil  war,  tells  us,  he  feared  Pompeys  tyranny  -,  if  he 
himfelf  refigned  the  didatorial  power.  Some  authors 
tell  us,  the  feptennial  adl  was  made  on  purpofe  to 
fave  an  odius  miniftry,  who  dreaded  a  new  and  in- 
corrupt parliament.  Thirty  lords  (even  lords  !)  pro- 
tefted  againft  the  feptennial  a(ft.  And  Mr.  Snell  told 
the  houfe  of  commons,  they  might  as  well  make  them- 
felves  perpetual  at  once,  as  continue  thcmfelves  one 
month  beyond  the  time,  for  which  they  were  eledled. 
It  was  a  Angular  modefty  in  the  lords  to  origi- 
nate in  their  houfe  an  adt  relating  to  the  commons. 
Therefore  lord  Guernfey  moved  the  commons,  to 
throw  it  out  of  the  houfe,  without  reading  it.  It 
was  anfwerd.  That  the  triennial  adt  had  originated 
in  the  houfe  of  peers.  [But  if  they  were  allowed  to 
make  a  fahfary  propofal  concerning  what  they  had 
nothing  to  do  with,  it  does  not  follow,  that  they  are 
to  be  lujffered  to  go  out  of  their  way  to  do  mijchief\\ 
Carried  276  to  156  for  a  fecond  reading,  the  Tuefday 
after.  Petitions  were  fent  from  many  towns  againft 
it.  And  when  this  fclf-prclonged  parliament  (which, 
fays  the  author  of  the  Use  and  Abuse  of  Parlia- 
ment b,   *  went  farther  in  impoverifliing  and  cnflav- 


a  I)eb.  Com.  vi.  68.  b  i .  25 1 , 


Chap.  IL       DISQUISITIONS.  93 

ing  their  fellow-fubjeds,  than  all  their  predeceflbrs 
from  the  reftoration/)  came  at  laft  to  be  diffolved, 
the  cities  of  London  and  Wefiminjler^  with  bells,  bon- 
fires, illuminations,  and  every  other  demonftration  of 
joy,  celebrated  its  demife,  as  a  deliverance  from  their 
worft  enemies. 

The  motion  for  repealing  the  feptennial  ad,  A,  D, 
1742,  was  oppofcd  by  Pultftey  and  Sandys,  (I  fup- 
pofe  the  patriots  were  afraid  a  new  parliament  might 
not  be  fo  flaunch  againftSir  Robert.)  Rejeded,  204 
againft  j  84.  The  propofal  was  made  by  Sir  John 
Barnard,  which  gives  me  a  better  opinion  of  him, 
than  of  Pultney  and  Sandys^. 

A,  D.  ly^it  a  motion  was  made  for  annual  par- 
liaments b.  PafTed  in  the  negative  145  to  115. 
Therefore  113  thought  it  right.  Let  not  then  the 
propofal  of  an»iual  parliaments  be  thought  romantic. 

A  motion  was  made,  A,  D.  1747,  for  leave  to 
bring  in  *a  bill  for  ihortening  the  term  and  duration  of 
future  parliaments :  *  a  meafure  truly  patriotic,  a* 
gainft  which  no  fubftantial  argument  could  be  pro- 
duced, although  the  motion  was  rejeded  by  the  ma- 
jority, on  the  pretence  that  whilfl:  the  nation  was  en- 
gaged in  fuch  a  dangerous  and  expenfive  war,  it 
would  be  improper  to  think  of  introducing  fuch  an 
alteration  in  the  form  of  government^/  This  was 
fetting  common  fenfe  upon  its  head.  The  danger  ot' 
the  times  is  the  very  beft  reafon  for  making  falutary 
alterations,  and  aboliihing  dangerous  abufes. 

Parliament  was  diffolved  at  the  end  of  the  6th  fef- 
lion,   1747,  for  a  whimfical  reafon,  according  to  fome, 

viz. 


a  Deb.  Com.  xiii.  219. 

b  Jim,  Deb,  Com,  u.  I"'63.  c  Ibid,  v,  221. 


94  POLITICAL  Book  III. 

viz.  becaufethe  Dutch  were  in  doubt,  whether  Britain 
would  perfevere  in  her  Ichemes,  which  were  tsvour- 
able  to  them,  if  the  fame  parHament  continued  to  fit. 
I  (hould  have  thought  the  danger  of  a  change  of  coun- 
fels  was  in  cafe  of  a  change  of  parhament  ^,  Some 
faid,  as  above  obfcrved,  it  was  done  to  fliorten  the 
time,  and  lefi'en  themifchiefsof  eledioneering.  The 
king  in  his  fpeech  pretends  that  he  diffolved  the  par- 
liament to  fhew  his  intire  confidence  in  the  affedions 
of  his  people,  and  that  he  did  not  depend  merely  on 
a  particular  fet  of  men  in  the  houfe  of  commons  ^. 

Thus  it  appears  that  parliaments  were  originally 
renewed  every  year^  and  that  a  parliament  and  a  fcflion 
were  the  fame  thing.  That  they  held  on  in  this  way 
with  little  variation,  to  the  times  of  Henry  Vlll,  That 
annual  parliaments  were  reflored  under  Philip  and 
Mary.  That  they  were  made  triennial,,  j4.  D.  1640. 
That  in  the  time  of  the  troubles  under  Charles  I.  they 
were  very  irregular,  and  protraded  to  an  enormous 
lengthy  the  houfe  of  peers  abolifhed,  and  the  rump, 
or  remainder  of  the  commons,  kicked  out  by  Crom- 
weL  That  under  Charles  \l.  A,  D.  1664,  the  trien- 
nial bill  was  repealed,  and  the  period  ot  parliaments 
left  to  the  arbitrary  pleafure  of  the  prince.  That  his 
long,  or  penfioned  parliament  met,  A  D.  1661,  and 
fat  above  18  years.  That  the  period  of  parliament 
was  reduced  back  to  triennial  6  William  III.  A.  D. 
i694<=.  And  that,  A,  D.  1710,  2  George  I.  they 
were  protradled  to  leptennial,  at  v^•hIch  period  they 
have  continued  ever  fince,  in  fpite  of  innumerable 
remonflrances  againfl  a  grievance  fo  univerfally  conrr 
fefTed,  and  fo  notorioufly  mlfchievous.  Of  which 
more  fully  elfewhere. 


a  y^/w.  Deb.  Com.  III.  52.  b  Ibid.  54. 

e  Stat,  AT  Large,  iv.  675. 


Chap.  III.        DISQUISITIONS.  95 

CHAP.     III. 

Example  of  fever al  Nat  ions  j  who  have  Jhewn  a  fear  of 
inveterate  Power, 

SOME  few  nations  have  (hevi'n  fome  fmall  degree 
of  apprh^nfion  from  power  continued  in  she 
fame  hands,  knowing,  that  there  can  be  no 
hberty,  unlefs  they,  who  make  the  laws,  be  well 
'aflured  that  they  fli all  come,  by  and  by,  to  be  fubjedl 
to  their  own  laws. 

Ariftotle^  mentions,  as  the  chief  caufe  of  the  fub- 
verfion  of  free  ftates,  their  deviating  from  the  princi- 
ples, on  which  they  were  originally  conftituted. 
He,  tells  us,  the  Thurians  had  a  falutary  law,  by 
which  the  fame  perfon  could  not  be  twice  pr^tor 
without  an  intermifiion  of  five  years.  They  fufFered 
this  law  to  be  abrogated.  Their  flate,  from  that 
fatal  time,  declined  to  its  ruin  ^ 

The  Athenians  finding  that  their  kings,  trufting  to 
the  perpetuity  of  their  power,  began  to  ftretch  prero- 
gative, abolifhed  the  regal  office,  and  fet  up  archons, 
who  were  ro  reign  ;  o  years,  and  then  to  be  (ubjedts. 
But  the  people  finding  even  this  period  [which  is 
not  much  beyond  that  of  our  parliaments]  too  long, 
changed  their  plan  of  government,  and  appointed 
9  archonsy  to  reign  one  year^.  The  Athenian  epijlates, 
the  chief  of  the />ry^^;?^j-,  was  in  office  only  one  day, 
and  never  more  than  once  ^  The  10  cofmi,  or 
fupreme  magiftrates  of  the   Creta?2s,  were   annual »; 

All 


a  Pol  IT.  v.     8.  '  b  IbiJ. 

c  U6^.  Emm.  De  Rep.  Athen.   i.  i6. 
d  Ant.  ^fhyf.  De  Rep.  Athen,  251. 
c  Ubb,  Emm.  u.  6^^ 


96  POLITICAL  Book  II. 

All  the  ma^-flrates  of  ihe  Mtdiam  were  annual  a. 
The  ki'-^g  and  people  oi  Epiriis^  during  the  age  of 
their  liberty,  were  accuftomed  to  meet  once  in  the 
year,  the  king  to  renew  his  coronation  oath,  and  the 
people  their  allegiance  b.  The  Carthaginian  fu-ffeteSf 
or  chief  magiftrates,  held  their  power  only  one  year  ^, 
Ijivy  tells  us,  that  the  Carthaginians  found  two  years 
too  long  a  period  for  their  praetors  to  have  power. 
They  therefore  made  that  office  annual.  The  Corin- 
thian prytanes  were  annual  magiftrates  ^. 

1  hree  brothers  having  enjoyed  the  confulfhip 
feven  years  fucceffivly,  a  regulation  was  made, 
that  neither  conful  nor  tribune  (hould  be  in  office 
above  one  year  ^.  In  England^  a  great  family  com- 
mands the  eledlions  of  members  for  one  or  feveral 
boroughs,  from  generation  to  generation.  Iht  Ro- 
mans never  chofe  a  didator,  but  in  extreme  danger, 
and  when  expeditious  meafures  alone  could  favc  the 
ftate,  and  only  for  fix  months.  They  appointed  feve-^ 
ral  times  a  dictator  to  drive  an  expiatory  nail  into  the 
wall  oi  Jupiter\  temple.  But  he  held  his  office  only 
.one  day.  i  he  wi  e  Romans  would  truft  power  no 
longer  than  wts  neceifary.  The  authors  of  the  Ant. 
Univ.  Hist,  give  the  following  account  of  the  office 
of  didtator  amoiig  the  Romans  ;  'This  fupreme  officer 
was  called  didator,  either  becaufe  he  was  diclus^ 
that  is  named  by  the  conful,  or  from  his  didtatiug 
and  commanding  what  (hould  be  done.  No  one 
could  be  created  didtator  till  he  had  been  conful. 
The  time  aligned  for  the  duration  of  the  office  was 
the  fpace  of  fix  months. .  As  to  the  perpetual  didla- 

tatorfliips 


a  Ubb.   Emm.  ii.  251.  b  Ibid.   11.  276, 

c  Ibid.   II.  4.  d  Ibid.   11   102. 

e  Ant.  Univ,  Hist.    xi.   466. 


Chap.  III.     DISCLUIS  IT  IONS.  97 

torfhips  oiSylla  m^^ulius  Ccefar,  they  were  notorious 
ufurpations,  and  violations  of  the  laws  of  their  coun- 
try. The  didtator  was  not  allowed  to  march  out  of 
Italy,  left  he  (hould  take  advantage  of  the  diftancc 
of  the  place  to  attempt  fomething  againft  the  com- 
mon liberty.  He  was  always  to  march  on  foot> 
except  in  cafe  of  a  tedious  and  fudden  expedition, 
and  then  he  formally  afked  leave  of  the  people  to  ride. 
In  all  other  things  his  power  was  abfolute  and  uncon- 
trouied.  He  might  proclaim  war,  levy  forces,  lead 
them  out,  diftand  them,  &c.  without  confulting  the 
fenate.  He  could  punifli  as  he  pleaffed  ;  and  from 
his  judgment  lay  no  appeal.  To  mak§  his  authori- 
ty more  aweful,  he  had  always  twenty-four  fafcea 
with  axes  carried  before  him,  if  we  believe  Plutarch, 
and  Polybius.  Livy  afcribes  the  firft  rife  of  this  cuf- 
tom  to  Sylla.  '  The  authority  of  all  other  magiftrates 
ceafed,  or  was  fubordinate  to  him.  He  had  the 
naming  of  the  general  of  the  horfe,  who  was  wholly 
at  his  command.  When  his  authority  expired,  he 
was  not  obliged  to  give  an  account  of  any  thing  he 
had  doi^e  during  his  adminiftration/  [And  we  know 
accordingly  what  tyrants  the  didators  proved.]  In 
Ihort,  the  didatorfhip  was  a  kind  of  abfolute  monar- 
chy, though  not  durable,  and  was  looked  upon  as 
the  only  refuge  of  the  commonwealth  in  time  of 
danger,  till  Sylla  and  Ccefar  converting  it  into  a  tyran- 
ny, rendered  the  name  of  didator  odious,  infomuch 
that,  upon  the  fall  of  the  latter,  a  decree  paffed  in 
the  fenate,  forbidding  tht  ufe  of  that  dignity^upon 
any  account  whatfoever  for  the  future,' 

The  greater  the  power  is,  fays  Livy,  the  fhorter 
ought  to  be  the  time  of  holding  it.  Nothing  is  more 
advantageous  for  a  ftate.,  fays  Seneca,  than  that  great 
power  be  (hort.     When  the  Carthaginian ]nAgts  were 

Vol.  I.  O  found 


98  POLITICAL  Book  III. 

found  to  have  made  a  bad  ufe  of  their  power,  which 
was  for  life,  Hamita I  obtained  a  regulation,  reducing 
it  to  annual. 

The  Romans,  in  their  beft  times,  jealous  of  thofe 
who  aflumed  power,  had  almoft  condemned  Maraus 
to  dea^h  for  alTuming  the  title  of  proprastor  given  him 
by  .the  army,  but  without  authority  of  the  fenate, 
though  he  had  juft  then  gained  a  glorious  vidory  in 
Spain  ^. 

Cidro  in  his  book,  De  Legib.  fays,  the  follow- 
ing was  an  exprefs  law  among  the  Romam,  '  Eundem 
magiflratuniy  &c.  Let  no  man  bear  the  fame  office 
in  the  repub\|c  twice  without  an  interval  of  lo  years 
between/  It  is  true  the  people  often  broke  through 
this  wife  regulation,  and  fufFered  power  to  be  too 
often,  and  to  continue  too  long,  in  the  fame  perfon,  or 
family,  as  in  the  cafe  of  Riitii  Cenforius  created 
cenfor  twice  together,  and  of  Fabiuss  fon  made  con- 
ful,  after  that  authority  had  been  often  conferred  on 
the  father,  fo  that  he  himfelf  declared  againft  the  peo- 
ple's partiality  for  his  family-  *  The  lad  Roman 
decemmriy  though  chofen  by  their  country  but  for  a 
year,  prolonged  their  term  by  their  own  adt,  and 
retained  the  power  they  had  ufurped,  till  the  people 
forced  it  out  of  their  hands,  and  puniflied  them 
feverely  for  their  ufurpation.  Their  memory  ftands 
branded  in  hiftory  with  all  the  infamy  it  deferves; 
while  the  names  of  Valerius  and  HoratiuSy  under 
whofe  condua:  the  people  recovered  their  right  of 
eleding  annual  magiftrates,  are  celebrated  by  their 
hiftorians  with  all  the  praifes  that  gratitude  can  yield, 
or  merit  claim,   monuments  more  lafting  than  brafs 

or  marble^.' 

^inc-^ 


a  Ant. Univ.  Hist.  xii.  295 
b  Prep.  Fragm.  Polyb.  xvk 


Chap.  Iir.       DISQUISITIONS.  99 

^ninSlius  forefaw  the  bad  confequences  of  faffering 
power  to  continue  long  in  the  fame  hands.  There- 
fore he  refufed  to  be  continued  in  the  conlulfhip  be- 
yond his  year.  In  confequence  of  too  long  a  conti- 
nuance of  power  in  the  fame  hands,  Sylla  and  Marhis 
attached  to  themfelves  the  army  in  fuch  a  manner 
as  grievoiifly  difturbed,  and  Ca/ar  as  ruined  Rome. 

Aguftm,  at  the  point  of  death,  gave  his  will  to 
his  collegue  in  the  confulfhip.  And  fome  fuppofed, 
he  intended  to  reftorc  the  republican  government. 
But  recovering  he  went  on  as  before,  like  prefump- 
tuous  finners,  who  efcaping  from  illnefs,  foon  forget 
their  fick-bed  repentance  ». 

Observe  the  confequence  of  a  contrary  condudl. 
The  Romam  in  their  degenerate  times  became  fearlefs 
of  the  lofs  of  liberty.  Though  5)'&  foretold,  that 
'Julius  would  be  found  to  have  many  Mariufes  within 
him  ;  though  Ccefar  openly  bribed  for  the  office  of 
pontifex  maximuSy  or  chief  prieft,  or,  if  you  pleafe, 
pope  of  Rome  ;  though  he  defended  Cat  aline  the  con- 
fpirator  and  his  crew,  (with  whom  he  wasaccafed  of 
being  an  accomplice)till  a  bandofequeftriansdrewthsir 
fwords  upon  him,  and  har"  almoll  killed  him  5  though 
he  was  accufed  of  a  confpiracy  with  Crajjiis^  P, Sulla ^ 
and  Autronius^  to  murder  thole  fenators,  who  oppofed 
their  ambitious  views,  and  to  feize  the  confuKhip  for 
Craffus,  and  the  command  of  the  horfe  for  himfelf ; 
though  he  was  accufed  of  another  plot  with  Pijo  ; 
though  he  behaved  fo  ill  in  his  pr^torfliip,  that  the 
fenators  thought  it  neceffary  to  take  his  office  from 
him  ;  though  he  refufed  to  abdicate  in  obedience  to 
the  decree  of  the  fathers,  till  he  faw,  that  he  would  be 
driven  from  the  bench  by  force  5    though  he  treated 

BibuluSf 

a  Ant.  Univ.  Hist.  ziii.  496. 


loo  POLITICAL  BookllL 

Bibulusy  his  collegue  in  the  confulfliip,  with  fuch 
rudenels  that  he  forced  that  meek  fpirited  man  to  re- 
tire, after  which  he  reigned  alone  as  abfolutely  as 
any  tjrant,  imprifoning  the  beft  men  of  Rome,  as 
Cato,  and  others,  whenever  they  oppofed  his  tyranny; 
though  Julius^  J  fay,  thus  gave  innumerable  proofs 
of  that  lawlels  ambition,  which  afterwards  overthrew 
the  liberties  of  his  country,  yet  the  too  credulous 
people  advanced  this  apparently  dangerous  citizen  to 
the  higheft  honours,  and,  giving  him  the  province  of 
Gaul  for  five  years,  and  the  command  of  the  army, 
with  their  own  hands  put  into  his  the  fword  with 
which  he  ftabbed  liberty  to  the  heart.  Even  after  the 
conful  Marcellus  faithfully  warned  the  fenate,  that  it 
was  hazarding  all  that  was  valuable,  to  continue  him 
in  his  command  ;  and  that  it  was  abfolutely  neceflary 
for  the  public  fafety,  that  the  formidable  army  (hould 
be  dilbanded  ;  there  were  ftill  Romans  (degenerate  Ro" 
mam !)  treacherous  enough,  and  flavifh  enough,  to 
fupport  the  man  who,  they  knew,  or  ought  to  have 
known,  was  laying  meafures  for^fubduing  their  coun- 
try ^ 

The  people  of  Taprobane^  fuppofed  to  be  Ceylon 
m  India,  chofe  for  their  king  a  perfon  who  had  no 
children,  and  if  he  happened  to#have  children  after- 
wards, they  depofed  him,  left  the  crown  (hould  be- 
come hereditary,  and  power  become  inveterate  in  one 
family  b.  The  officer,  who  had  in  his  cuftody  the 
feals,  and  keys  of  the  citadel  and  treafury,  held  his 
place  but  one  day. 

The  antient  brave  and  free  Arrogoniamy  juftly 
fearing  the  encroachment  of  kingly  power,  appointed 
a  magiftrate  called,  in  modern  times,  ihcjujhzia  of 

Arragout 

a  SuETON.  IN.  Jul.  §.  28,  29, 
b  Akt.  Univ.  Hist.  xx.  103. 


Chap.  III.      DISQUISITIONS.  loi 

Arragon^  who  was  to  come  between  the  king  and  the 
people,  and  to  whom  the  fubjecfls  might  appeal,  when 
injured  by  the  king.  This  magiftraie  was  to  be  the 
ableft  lawyer  in  the  country.  And  a  king,  who  op- 
pofed  his  explanation  of  the  fenfe  of  the  law,  was  to 
be  looked  upon  as  a  lawlefs  tyrant.  Bat  about  A.  D. 
1467,  they^^//^;/^  himfelf  was  found  to  have  abufed 
his  power.  The  Arragonians  therefore  found  it  ne* 
ceffary  to  put  his  decifions  under  the  examination  of 
17  nlen  chofen  out  of  the  four  orders  of  the  king- 
dom ^  It  may,  I  believe,  be  fafely  affirmed,  that 
all  the  free  ftates  of  antiquity,  in  their  free  times, 
made  a  point  of  giving  no  longer  than  annual  autho- 
rity to  their  magiftrates. 

*  At  Venice,  A.D.  1298,  an  adl  paflcd  in  the  great 
council,  which  till  then  was  annually  chofen  by  the 
people,  That  all  thofe  of  which  it  was  that  year  com- 
pofed,  or  who  had  been  members  of  it  for  the  four 
iaft  years,  fliould,  upon  their  obtaining  twelve  voices 
in  the  council  of  forty,  be  themfelves,  and  their  pof- 
terity  for  ever  after,  members  of  it ;  and  that  all  the 
other  citizens  fliould  be  for  ever  excluded  from  the 
adminiftration  of  public  affairs.  From  this  time  the 
people  of  Venice^  like  all  others  under  the  fame  cir- 
cumftances,  have  found  how  dangerous  it  is  to  be 
ufeiefs,  and  that  to  have  no  fliare  in  the  government 
is  to  be  a  prey  to  thofe  who  have  ^.' 

The  Floreniines,  oSended  at  the  long  continuance 
of  power  in  the  Medici  family,  infifted  that  it  was 
neceffary  '  to  reftore  the  conftitution  to  its  firft  prin- 
ciples, by  reftoring  the  magiftrates  to  their  regular 
functions  in  the  government  J.' 

No 

a  De Laett  Hisp.  Descr.  127, 
b  Pref.  Fragm.  PoLYB.  xvi. 
c  Mod,  Univ.  Hist,  xxxvi.  307. 


102  POLITICAL  BookllL 

No  prefident  could  be  chofen  at  Florence  in  lefs 
than  three  years  from  his  iaft  fervice^.  By  this  means 
pofts  of  honour  were  attainable  by  moft  of  the  citi- 
zens, and  no  man  or  party  could  become  inveterate 
in  power,  and  refponfibility  was  flill  in  view. 

The  Florentines  ordered,  about  the  beginning  of 
the  1 6th  century,  that  the  office  of  gonfalonier  or 
chief  magiftrate  fhould  from  that  time  be  annual, 
and  that  the  council  (hould  be  enlarged  by  the  ad- 
dition of  all  who  had  gone  through  the  gre^t  offices 
of  ftate,  either  at  home  or  abroad ;  the  number  be- 
fore was  but  18  ^.  Power  fhould  be  widely  diftafed, 
and  continually  (hifting  from  hand  to  hand. 

Cardinal  Rkkelieu,  in  his  Testam.  Polit.  con- 
demns the  cuftom  in  FraJice^  of  appointing  the  gover- 
nors of  provinces  for  life^. 

At  Venice  the  doge,  not  being  an  abfolute  fovereign, 
has  not  power  to  take  off,  or  put  on  his  ducal  crown 
when  he  pleafes.  The  configlieriy  or  counfellors  of 
Venice^  are  chofen  for  8  months.  The  capi  di  qua- 
ranta,  or  heads  of  the  courts  of  40  judges,  are  cho- 
fen by  the  fenate  for  two  months.  I  Iiq  favii  del  con-^ 
figlio,  or  fages  of  the  council,  ferve  3  months  \  the 
favit  di  terra  jirma,  or  fages  of  the  continent,  6 
months.  ¥\yjt  javii  agli  ordini,  or  fages  of  order,  are 
likewife  chofen  by  ballot  in  the  fenate  for  6  months 
each^. 

The  khalif  Omar  would  not  nominate  his  fon  for 
his  fucceffor,  nor  even  fuffer  him  to  have  a  vote  for 
the  fucceffor.  It  was  enough,  he  faid,  for  one  tami^ 
\y  to  have  one  in  the  important  office  of  khalifa. 


a  Mob.  Univ.  Hist,  xxxvi.  45.         b  Ibid.  433. 

c  5,  Pierre,  Ouvr.  Polit.  xv|.    25. 

d  Cok'i  Mem,  i6.        e  Mod.  Univ.  Hist.  i.  516. 


Chap,  III.     DISQ^UISITIONS.  103 

A  doge  oi  Lucca  cannot  be  re-eledted  in  lefs  than 
7  years.  The  lenators  are  eleded  every  two  months. 
The  great  council  of  130  nobles  and  jo  burghers 
hold  their  places  2  years.  Their  police  is  very  atten- 
tive to  the  fuppreffion  of  luxury,  a 

'  There  is,  fays  my  honoured  friend  Mr.  Bofwel^  in 
the  government  of  Corfica  a  gradual  progreflion  of 
pow^er  flowing  from  ih^  people ^  which  they  can  dif- 
pofe  of,  and  refuoie  at  their  pleafure  at  the  end  of 
every  year ;  Co  that  no  magiftrate,  or  fervant  of  the 
public,  of  whatever  degree,  will  venture,  for  fo 
fhort  a  time,  to  encroach  upon  hisconftituents,  know- 
ing, that  he  muil  foon  g\VQ2in  account  of  hi§  admini- 
ftration,  and  if  he  (hould  augment  the  authority  of 
his  office,  he  knows,  he  is  only  wreathing  a  yoke 
for  his  own  neck,  as  he  is  immediately  to  return  to 
the  lituadon  of  an  ordinary  fubjed:.  ^ 

.  When  the  throne  of  Poland  becomes  vacant,  the 
primate  archbifcop  of  Gnefna,  obtains  a  greater  power 
than  the  king  had  j  but  this  gives  no  jealoufy,  becaufe 
he  has  no  time,  before  a  king  be  chofen,  to  make 
himfclf  formidable  c.  The  Farmefam  ufed  to  change 
their  podefta  twice  a  year  ^  The  diredors  of  the 
Dutch  Eajl-lndia  company  are  obliged  every  third 
year,  to  give  an  account  to  the  ftates  general  of  their 
whole  proceedings  e. 

A  noble  ftand  was  made  by  the  citizens  oi Dublin^, 
for  obtaining  a  limitation  of  the  period  of  their  par- 
liaments. 


a  Mod.  Univ,  Hist,  xliii.  44^, 

b  BoJ^eW  Account  of  Corsica,  p.  154, 

c  Mod.  Univ. Hist,  xliii.  526. 

d  Ibid.  XXXVII.  124.  e  Ibid.  x.  571. 

f  See  Whitehall  Even.  Post,  May  27,  1766. 


I04  POLITICAL  Book  III. 

liaments.  They  have  accordingly,  viz,  A.  D,  1768, 
obtained  a  reftridtion  of  them  to  eight  years,  borne 
of  the  candidates  they  obliged  to  fwear,  that  they 
would  vote  for  this  abridgment,  before  they  eledted 
them. 


C     H     A     P.      IV. 

Example  of  the  Englifli  in  feme  Inftances,  /hews  an 
Apprehenfion  of  danger  from  inveterate  Power, 

EVEN  the  "Englijhy  who  are  defcribed  by  a  hu- 
morous auihor,  as  a  people  of  great  faith  and 
little  wit,  that  is,  fore  thought^  have  occafi- 
onally  (hewn  fume  litde  fear  A  the  mifchief  to  be  ex- 
peded  from  power  inveterating  in  the  fame  hands. 

*  For  the  general  government  oF  the  country,  the 
antient  Saxons  [our  anceftors]  ordained  12  noblemen 
chofen  from  among  others  for  their  worthinefs  and 
fufficiency.  Thefe  in  the  time  of  peace,  rode  their 
feveral  circuits,  to  lee  juftice,  and  good  cuftoms  ob- 
ferved,  and  they  often  ot  cuurfe,  at  appointed  times, 
met  altogether  to  coniult  and  give  order  in  publick 
affairs  5  but  ever  in  time  of  war  one  of  thefe  twelve 
was  chofen  to  be  king,  and  to  remain  fo  long  only  as 
the  war  lafted  j  and  that  being  ended,  his  name  and 
dignity  of  king  alfo  ceafed,  and  he  became  as  before ; 
and  this  cuftom  continued  among  them  until  the  time 
of  their  wars  with  the  emperor  Charles  the  Great. 
At  which  time,  Wittekind,  one  of  thefe  twelve,  a 
nobleman  of  Angria  in  Wejlphalia^  bore  over  the  reft 
the  name  and  authority  of  king ;  and  he  being  after- 
ward, by  means  of  the  faid  emperor,  converted  to  the 

faith 


Chap.  IV.       DISQUISITIONS,  105 

faith  of  Chrift,  had  by  him  his  mutable  title  of 
king  turned  into  ihc  enduring  title  and  honouL'  of 
duke,  and  the  eleven  others  were  in  a  like  manner  by 
the  faid  empeior  advanced  to  the  honourable  titles  of 
carls  and  lords,  with  eftablifliment  for  the  conti- 
nual remaining  of  thefe  titles,  and  dignities  unto 
them,  and  their  heirs :  of  whofe  defcents  are  fince 
iflued,  the  greateft  princes  in  Germany^* 

The  24  barons,  v/ho  were  to  redrefs  grievances  ia 
the  tifne  of  Henry  III.  proved  24  tyrants ;  the  confe- 
quence  of  trufting  power  in  the  hands  of  2ifew.  Ac- 
cordingly the  knights  of  the  fliircs  were  obliged  to 
curb  the  tyranny  of  the  reforming  barons. 

Enadled  1  Henry  V.  that  no  (herifFbe  again  flierifT 
in  lefs  than  three  years  ^.  By  i  Henry  V.  cap,  4, 
*  fherifFs  bailiffs  fhall  not  be  in  the  fame  ofrice  in  three 
years  after  c/  By  28  Edimrd  III.  *  no  fheriffllia!! 
continue  in  his  ofRce  above  one  year  ^*  And  by 
I  Rich.  II.  '  none  that  hath  been  (herifF,  fhall  be  fo 
again  within  three  years  <=.'  Enatfled,  A,  D.  1^4^^^ 
that  *  to  prevent  oppreffion  and  exadlions,  no  man 
fhall  be  (heriffor  under-flierifF  af  a  county,  above 
one  year  at  moft,  on  pain  of  forfeiting  zoo  I!  ^ 

Our  anceftors  were  cautious  of  allowing  power  to 
remain  too  long  even  in  the  hands  of  fearchers,gaugers, 
aulnegers  [public  meafurers  of  manufadturcs,]  cufto- 
mers  [cuftom-houfe-officers]  &c,  g  '  A  fearcher,  gan- 
ger, ^c.  fhall  have  no  affured  eftate  in  his  office.' 

In  the  commiflion  for  the  admiralty  and  navy,  it  was 
provided,  that  no  chairman  continue  in  office  above  a 

Vol.  I.  P  fortnight 


a  Verjiegan*s  Engl.  Antiq.  62. 
b  Parl,  Hist.   ii.  132. 
t  Stat.  AT  Large,  I.  450.    • 

d  Ibid.  266.  e  Ibid.  314.  i  Rapin,   1.569, 

g  S€€  17  Rich,  ii.cap.  5.  Stat,  at  La^ige,  i.  387. 


io6  [POLITICAL  Book  III; 

fortnight  together,  and  all  commanders  to  take  their 
turns  ^. 

Even  the  king-killing  parliament  were  fenfiblc  of 
the  evil  of  too  long  parliaments.  *  To  prevent  the 
many  inconveniencies  apparently  arifing  from  the  long 
continuance  of  the  fame  perfons  in  fupreme  authority, 
refolved.  That  this  prefent  parliament  diffolve  upon, 
or  before  the  laft  day  of  April,  1649/ And  their  felf- 
denying  ordinance  (hews  that  the  general  opinion  of 
thofe  times  was  for  a  place*bill.  And  the  fame  of 
adequate  reprefentation  b. 

CHAP,      V. 

Senfe  of  Mankind  on  inveterate  Tower  ;  or  Arguments 
for  Jliort  Parliaments. 

I  Will  throw  together  in  this  chapter  fome  of  the 
beft  arguments  for  fliort  parliaments,  that  have 
occured  to  rfie  in  the  courfe  of  my  reading.  I 
hope  the  reader  will  excufe  any  deficiencies  he  may 
find  in  the -arrangement  of  them. 

To  take  the  charader  of  man  from  hiftory,  he  is 
a  creature  capable  of  any  thing  the  moft  infer- 
nally cruel  and  horrid,  when  aduated  by  intereft,  or 
what  is  uiore  powerful  than  intereft,  paffion,  and  not 
in  immediate  fear  of  puni(hment  from  his  fellow- 
creatures  I  for  damnation  lies  out  of  fight.  Who 
would  truft  fuch  a  mifchievous  monkey  with  fuper- 
fluous  power  ? 

Simia  quamfimilis  turpifjima  beftia  nobis  !   Ovid, 

The  love  of  power  is  natural ;  it  is  infatiable  ;  it  is 

whetted,  not  cloyed,  by  pofleflion.     All  men  pofleffed 

of 

a  Parl  Hist.  XXII.  65.  b  Ibid  xviii,526. 


Chap.  V.        DISQUISITIONS.  107 

of  power  may  be  expeded  to  endeavour  to  prolong  it 
beyond  the  due  time,  and  to  encreafe  it  beyond  the 
due  bounds;  neither  of  which  can  be  attempted  with- 
out danger  to  liberty.  Therefore  government  (by 
fuch  frail  and  imperfed:  creatures  as  men)  is  impoflible 
without  continual  danger  to  liberty  \  Yet  we  find 
that  men  in  all  ages  and  nations  have  fliewn  an  afto- 
nifliing  credulity  in  their  faithlefs  fellow-creatures  ; 
they  have  hoped  againft  hope  ;  they  have  believed  a- 
gainfl:  the  fight  of  their  own  eyes. 

Were  any  foreigner  of  good  underftanding  to  be 
afked,  what  he  thought  would,  be  the  confequence  of 
our  commons  being  eleded  by  fo  fmall  a  number  of 
the  people,  and  of  their  fitting  for  fcven  years,  he  would 
anfwer,  that  without  a  reformation  of  thefe  irregula- 
rities, the  Britijh  government  mud  unavoidably  run 
into  an  ariftocracy,  or  tyranny  of  a  few,  the  mod 
odius  of  all  forms  of  government.  Yet  the  good 
people  of  Ef2glanJ dctp  very  found ;  and  foreigners  ad- 
mire and  envy  our  form  of  government.  The  truth 
is,  that  neither  foreigners  uo^  EngliJJj  confider  much 
befides  the  theory  of  our  conftitution.  They  admire 
what  itought  to  be,  and  would  be,  if  we  had  the  true 
fpirit  of  it,  while  they  have  reafon  to  execrate  it  as  it 
is  in  OLir  times,  and  to  look  forward  with  horror  on 
what  it  is  like  to  end  in, 

*  We  know  by  infinite  examples  and  experience, 
fays  the  excellent  GordoUy  that  men  poffeflfed  of 
power  rather  than  part  with  it,  will  do  any  thing, 
even  the  word  and  the  blacked,  to  keep  it  ^  and 
fcarce  ever  any  man  upon  earth  went  out  of  it  as 
long  as  he  could  carry  every  thing  his  own  way  in 

it  i 


St  See  Bolinghr,'B^-gvi,  Hist.  £ngl»  9. 


£o8  POLITICAL  BookllL 

it;  and  only  when  he  could  not,  he  refigned  j  I 
doubt  that  there  is  not  one  exception  in  the  world  to 
this  rule  J  and  thsit  Dioclejan,  Charles  the  Vth,  and 
even  Syl/a,  laid  down  their  power  out  of  pique  and 
difcontcnr,  and  from  oppofition  and  difappoint- 
ment ;  this  feems  certain,  that  the  good  of  the  world 
or  of  their  people,  was  not  one  of  their  motives 
either  for  continuing  in  power,  or  for  quitting  it. 
It  is  the  nature  of  power  to  be  ever  incroaching,  and 
converting  every  extraordinary  power,  granted  at 
particular  times,  and  upon  particular  occaiions,  into 
an  ordinary  power  to  be  ufed  at  all  times,  and  when 
there  is  no  occafion  j  nor  does  it  ever  part  willingly 
with  any  advantage.  From  this  fpirit  it  is,  that  oc- 
cafional  commiffions  have  grown  fometimes  perpe- 
tual; that  three  years  have  been  improved  into  feven, 
and  one  into  twenty ;  and  that  when  the  people  have 
done  with  their  magiftrates,  their  magiftrates  will 
not  have  done  with  the.people^/ 

It  is  juftly  oblerved  by  judge  Blackjlone^  that  the 
greateft  fuperiority  any  man  can  obtain  over  another, 
is  to  make  laws,  by  which  he  fhall  be  bound.  And 
furely  the  greater  the  power,  the  greater  danger  of 
its  becoming  inveterate  in  the  fame  hands. 

A  wife  people  will  not  fuffer  combinations  of  great 
families.  The  monopally  of  power  is  the  moft  dan- 
gerous of  all  monopolies.  An  Athenian  was  banifhed 
by  the  ofxracifm,  if  6000  citizens  all  of  at  lead  60 
years  of  age  agreed,  that  it  was  necelTary.  Nor  was 
it  inflidled  or  fuffered  as  z  punijhmenty  but  was  un- 
dcrftood  as  a  wife  precaution^  for  the  good  of  the 
whole,  againft  the  exorbitant  popularity,  and  dan- 
gerous power  of  a  few, 

a  Cato's  Lett,  iv,  82. 


Chap.  V.         DISQUISITIONS.  ,09 

No  body  is  willing  to  part  with  power,  and  all  arc 
for  increafing  what  they  have.  The  prince  of  Orange 
(afterwards  king  William  III. )  fliews  great  anxiety 
about  James  lid's  being  limited.  *  It  was,  he  faid, 
of  bad  example,  and  fubjeds  might  think  of  limit- 
ing proteftant  kings,  if  they  begun  with  ptjpifh.a' 

The  following,  to  the  end  of  this  paragraph,  is  chiefly 
abridgedfromREAsoNSFOR  annualParliaments* 

*  For  the  amending,  ftrengthening,  and  preferving  of 
the  laws,  parliaments  ought  to  be  held  frequently/ 
Words  of  the  acfl  for  declaring  the  rights  of  the  fabjedt 
at  the  beginning  of  the  revolution.  Frequent  parlia- 
ments muft  mean  frequent  ele£iions  ^  for  frequent  meet- 
ings of  parliament  without  new  elections  would  be 
an  evil,  rather  than  an  advantage.     Alfred^  ordered, 

*  that  parliament  fhould  meet  twice  a  year  or  oftener/ 
There  are  ftatutes  three  times  in  the  reign  of  Ed^ 
ward  III.  *  that  parliament  ihouid  be  held  once 
a  year  or  oftener,'  To  the  fame  purpofe,  in  the 
time  oiRich,  W.  Prorogations  of  parliament  were  then 
unkown.  They  began  under  Henry  VI.  Little 
ufed  till  Hen.  VIII.  Will  III.  was  blamed  for  fo 
many  officers  in  parliament.  The  king  has  power  to 
chufe  his  officers  and  fervants ;  but  the  fervants  and 
reprcfentatives  of  the  people  ought  not  to  be.  the  king^ 
fervants :  who  can  ferve  too  mafters  ?  If  votes  are 
purchafed  by  places,  and  members  are  more  than 
reimburfed  their  own  fliares  of  the  public  taxes,  they 
become  interefted  to  load  the  people,  in  order  to 
fill  their  own  pockets.  Accordingly  let  it  beconfidercd 
what  a  load  might  now  be  taken  off  from  the  people 
by  annihilating   ufelefs    places  and  corrupt  penfions. 

A  man 


a  Dalrymp.  Mem.    II.    3O7. 

b  MiRP.OR  OF  Justices,  chap,   i,   feft. 


no  POLITICAL  Book  III. 

A  man  may  at  one  time  be  fit  for  being  a  reprefen- 
tative,  who  is  not  (o  at  another.  He  may  go  into  the 
houfe  in  independent  circumftances.  In  three  years, 
extravagance  learned  at  Londo?i  may  beggar  him. 
Were  parliaments  annual,  the  chance  of  this  would 
be  as  I  to  7.  By  a  few  mens  monopolizing  legiflativc 
power,  6  times  the  number  558,  or  3,348  are  in  every 
parliament  excluded  from  practically  learning  parlia- 
mentary knowledge,  and  underftanding  the  interefts 
of  their  country,  befides  their  being  excluded  from 
what  they  have  an  equal  natural  right  to,  with  the 
5j;8,  who  were  chofen,  i.  e.  vi^ho  bought  their  feats. 
Short  parliaments  would  give  the  people  an  oppor- 
tunity of  knowing  more  of  the  ftate  of  things  both  at 
home  and  abroad,  than  long  ones.  558  gentlemen 
do  not  know  fo  much  as  feven  times  that  number,  or 
three  times  that  number.  Long  parliaments  are  par- 
ticularly favourable  to  corruption,  A  virtuous  man 
could  not  be  debauched  in  a  year's  fitting  in  St.  Ste^ 
phens  chapel.     Nef7io  repentefuit  iiirptjimus. 

Vice  is  a  monfter  of  fuch  frightful  mein,  &c. 

Pope. 

Length  of  parliaments  deftroys  all  refponfibility, 
makes  our  delegates  our  maftcrs,  and  ereds  them  into 
an  auguft  affembly,  whom  we  muft  not  approach  but 
in  the  humble  guife  of  petition.  Short  parliaments 
would  be  clear  of  fufpicion,  and  nothing  would  more 
promote  confidence  between  king  and  people  than  free- 
dom from  fufpicion  of  court  influence.  If  our  kings 
are  indifferent  about  the  people's  confidence,  we  are  in 
the  cafe  of  the  people  oi France,  whom  the  king  cart 
plunder  at  will.  Can  the  people  be  free  from  fufpicion, 
when  they  fee  fome  hundreds  of  placemen  in  the 
houfe  ?  They  muft  be  a  nation  of  ideots,  if  they  were. 

With 


Chap.V.       DISQUISITIONS,  m 

With  what  honeft  views  can  the  court  defire  long 
parliaments  ?    Parliamentary   flavery    is    flower,  but 
lurer  than  quo  warrantos,  and  the  other  oppreffive  ads 
of  tyranny,  which  alarm  the  people  and  defeat  them- 
felves.     So  Cha.  11.  had  almoft  ruined  all  by  his  long 
penfioned  parliament,  whofe  very  length  qualified  it 
for   penfioning.      All   wife    nations,     and   all   good 
princes  have  approved  of  frequent  meetings  with  their 
parliaments .  and   diets.     Our  Edwards   and  Henries 
often  put  a  flop  to  the  courfe  of  their  vidories  to  meet 
parliament.     The  Spaniards  were  peculiarly  cautious 
about  the  frequency  of  their  ilate  meetings.     Their 
Sanchos,  Henries,  Ferdinands,  and  Charles's  were  very 
careful  of  this.     Under  Charles,  who  was  particularly 
exadt  in  this  refpeft,  the  Spanijh  monarchy  was  moil 
flourifliing.  His  fon  Philip  purfued  a  contrary  plan  of 
encroachment  on  the   people,  and  firfl:  eclipfed  the 
glory  of  the  monarchy.     In  France,    under   Clovis, 
Pepin,  Charlemagne,  Capet,  and  his  fucccflbrs  for  ages, 
the  meetings  of  the  ftates  were  cherifhed.  Lewis  XI. 
and  moft  of  his  fucceflbrs  have  promoted  the  contrary 
fcheme  of  government,  without   the  people.     The 
confequences  have   been  continual  infurredions,  tu- 
mults, and  leagues.  The  fubjeds  have  often  returned 
with  intereft  on  the  heads  of  their  ambitious  princes, 
the  damages  they  have  fuffered  at  their  hands,  which 
has  reduced  the  kingdom  to  extreme  diftrefs.     The 
ftruggles  of  the  parliament  of  Paris,  and  people  of 
France,  during  the  minority  of  this  prefent  king,  to 
recover  their  loft  liberties,  fhew  the  precarious  ftate 
of  defpotic  monarchs.     When  Germany  was  expofed 
to  unfpeakable  miferies  from  the  Hungarians,  Sclavo-^ 
nians.  Vandals  and  Danes,  the  remedy  was  eftablifli- 
ing  frequent  and  annual   diets  by  the  golden  bull, 
HnderC/6^r/^jIV,  wherein  the  imperial  cities  and  Hanfe 

towns 


112  POLITICAL  BobkllL 

towns  took  care  to  fend  hew  deputies  tc^very  new 
diet,  left  they  fliould  be  bribed  by  the  imperial  mini- 
fters.  Holland,  and  Switzerland,  though  improve- 
able  in  many  points,  are  very  careful  on  this  head, 
and  by  the  frequency  of  the  affemblies  of  their  ftates, 
have  been  fecure* 

Harrington  labours  to  (hew,  that  all  well-con- 
dudled  ftates  have  avoided  the  error  offufFering  power 
to  continue  too-Jong- in  the  fame  hands,  And  he 
quotes  Machiavely  who  afcribes  the  ruin  of  the  Roman 
commonwealth,  to  the  want  of  an  agrarian  law,  and 
the  damage,  which  accrued  from  the  prolongation  of 
power  in  the  fame  hands  a. 

Dr.  South  gave  out  his  text,  *  The  word  of  the 
Devil,  which  1  would  recommend  to  your  ferious 
attention  at  this  time,  is  written  in  the  lid  chapter 
ofjolf,  and  the  4th  verfe,  "  All  that  a  man  hath  will 
he  give  for  his  life,"  &c.  The  iacobites  moved, 
j4.  D.  1693,  for  a  place-bill,  and  fhort  parliaments. 
And  there  were  men,  who,  in  the  apoftle  Paul's  time, 
preached  Chriji  from  contention.  But  truth  is  truths 
if  the  Devil  had  fpokc  it,  and  chriftianity  is  a  good 
religion,  though  fome  have  preached  it  from  conten- 
tion. So  a  place- bill,  and  ftiort  parliaments  are  falu- 
tary  meafures,  though  the  Jacobites  propofed  theni 
frcm  party-views.  The  former  was  paffed  by  the 
commons,  but  rejeded  by  the  lords ;  the  latter  paffed 
both  houfcs,  but  was  denied  the  royal  affent.  The 
lords  threw  out  the  bill  for  incapacitating  placemen 
from  fitting  in  the  houfc,  becaufe  it  would  feem  too 
great  a  reftraint  on  the  people's  liberty  of  choice. 
But  this  is  a  frivolous  objedion.  For  as  the  law 
ftands  now,  the  people  arc  rejtrained  from  chufing 

perfons 

ft  Oceana,  p.   318. 


Chap.  V.       DISQUISITIONS.  113 

perfons  unqualified  as  to  fortune,  and  thofe  who  hold 
certain  pkces ;  and  all  the  evil  is,  that  the  people  are 
not  more  reftrained  in  their  choice  of  impr  jper  perfons. 

*  Ads  of  parliament  derogatory  from  the  power  of 
fubfequent  parliameiits,  bind  not/  fays  Blackfione  », 
Therefore  (hort  parlianrieats  are  (Vf>abie,  It  is  irnpof- 
fible,  in  many  cafes,  to  forefee  what  tlie  efted  and 
operation  of  an  adi:  of  parliament  will  prove.  And  if 
a  bad  law  mull:  continue  in  force  feven  years  (the 
fame  parliament  will  not  perhaps  like  to  repeal  its  own 
law)  the  fubjeds  may  be  heavy  fufferc^rs. 

The  length  of  parliaments  dejeds  the  fpirits  of  the 
few  patriots  who  are  ftill  left.  At  tne  fitting  doiva 
of  a  new  parliament  they  lofe  all  hope  of  redreis, 
for  many  years.  And  the  depreilioa  of  their  coarage 
is  the  triumph  of  the  court,  and  i;ives  them  cpportu-^ 
nity  for  rivetting  the  chain. 

If  our  parliaments  were  annual,  it  niight  be  as 
well,  that  our  miniftrles,  and  the  reft  of  the  execu- 
tive, were  more  permanent.  For  an  honeft  parlia- 
ment (and  an  annual  parliament,  wiih  exclufion  by 
rotation, could  have  no  intereft  to  be  otherthan  honeft) 
would  oblige  the  executive  to  ad  according  to  juftice, 
and  the  public  intereft,  which  would  fecure  the  pub- 
lic fafety.  The  reducing  our  parliaments  to  indepen- 
dency on  the  court,  would  confound  the  enemies  of 
this  country.  For  it  would  fliew  the  world,  that  the 
court  had  no  indired  defigns.  And  no  nation  can 
hope  to  injure  Britain^  if  her  government  is  true  to  her. 

Walpoky  A.  D.  ^JIS*  when  the  houfe  was  moved 
about  fhortening  parliaments  faid.  It  would  be  dan- 
gerous ;  for  th  it  it  would  make  the  government  demo- 
cratical  by  giving  fadious  men  too  much  game  to 

Vol.    1.  Q_  play 

a  CoMM.  I.  90. 


114  POLITICAL  Book  III, 

play.  This  was  truly  Walpolian^  that  is  jefuitieal, 
reafoning.  In  whofe  hands  ought  the  power  to  be  ? 
In  thofe  of  a  corrupt  court  ?  will  it  be  fafer  there 
than  in  the  hands  of  the  original  proprietors,  I  mean 
tht  people?  Is  the  court  likely  to  confult  the  people's 
intereri  with  more  diligence  and  fidelity  than  the  peo- 
ple themlelves  ?  The  court  may  be  rich,  though  the 
nation  be  ruined.  But  if  the  nation  be  ruined,  what 
is  to  become  cf  the  people  ? 

The  unembarraffed  modefty  of  a  thorough-paced 
courtier  flicks  at  nothing.  Pelham  formally  fets  him- 
feif  a  to  prove  (in  oppofition  to  the  fenfe  of  all  that 
ever  thought,  fpoke,  or  wrore  upon  government)  that 
*  it  is  an  advantage  of  our  conftitution,  that  a  perfon, 
may  be  in  a  flation  of  power  his  whole  life,  becaufe 
the  attachment  of  the  people  to  their  king  and  royal 
family,  will  always  prevent  any  bad  efFedts  from  his 
ambition,  and  the.  controuj  of  a  mafler,  or  fovereign,' 
[however  ill-difpofed,  or  however  mif^led,  the  fove- 
reign  may  be]  '  as  well  as  of  two  houfes  of  parlia- 
ment/ [however  corrupt  the  parliament  may  be] 
will  always  prevent  his  being  guilty  cf  very  enor- 
mous pradices,  or  will,  at  all  times,  even  when  he 
is  in  the  zenith  of  his  power,  be  able  to  difcover 
and  punifli  them,  if  he  fhould.'  But  wife  founders 
of  ftates  have  generally  thought  prevention  preferable 
to  punifliment  3  and  have,  therefore,  made  regulations 
for  preventing  the  continuance  of  power  too  long  in 
the  fame  hands.  And  in  fpite  of  their  utmoft  precau- 
tion, wicked  minifters  have  often  efcaped. 

It  is  obferved,  that  the  members  are  particularly 
careful  of  their  condudl  toward  the  end  of  a  parlia- 
ment, with  a  view  to  their  being  re- eleded.     Does 

not 

a  D^B^  Com.  xii,  &6. 


Chap.V.       DISQ^UISITIONS.  115 

not  this  (hew  the  advantage  of  fhort  parliaments,  and 
the  frequent  return  of  power  into  the  hands  of  the 
people  ?  If  it  be  faid,  upon  the  plan  of  exclufion  by 
rotation,  and  an  efFedlual  place-bill,  gentlemen  would 
not  want  to  be  re-cleded,  and  therefore  the  fliorten- 
ing  of  parliaments  would  not  make  them  at  all  the  more 
careful  of  their  conducS  ;  this  is  confeffing  all  that 
is  wanted,  vi«.  That,  if  parliaments  were  upon  a 
right  foot,  there  would  be  no  byafs  upon  the  minds 
of  the  members,  to  draw  them  away  from  their  coun- 
try's intereft ;  which  they  would  naturally  purfue, 
becaufe  their  own  is  involved  in  it. 

The  place-bill  has  been  repeatedly  pafTed  by  the 
commons  in  confideration  of  an  approaching  general 
eledion,  which  fhews  plainly  the  advantage  of  ihort 
parliaments  a. 

A  motion  was  made,  ^.  D.  1713,  to  addrefs  the 
queen  that  (he  would  defire  the  duke  of  Lorrain  to 
remove  the  pretender  out  of  his  dominions.  Sir  JViU 
Ham  Whitlocke  obferved,  that  there  was  fuch  an  addrefs 
preiented  to  Cromwel  about  the  removing  of  Charles 
Stuart  out  of  France y  who  was  afterwards  reftored  to 
the  throne.  Being  near  the  end  of  a  parliament,  and 
the  members  fearing  for  their  eledtion,  it  was  refolved 
nem.  con  ^.  This  iLews  the  advantage  of  (hort  parlia- 
ments. For  the  jacobite  intereft  was  at  that  time 
thought  to  h^Jirong  in  the  houfe. 

In  the  Z)d"y^;?/7j/r^  inftrudtions,  A.  D.  1741,  which 
were  admired  for  their  concifencfs  and  fenle,  is  the 
following,  *  reftore  triennial  parliaments,  the  beft 
fecurity  for  Britijh  liberty  ?.' 

'In 


a  See  Rev.  Place-Bill,  b  Deb.  Com.  v.  ^7, 

c  Deb.  Com.  xiii.  116. 


Ii6  POLITICAL  BookllL 

*  In  governments,  where  the  legiflature  is  one 
lafting  affembly,  there  is  danger,  that  the  mem* 
bers  of  fuch  affembly  think  .thf^y  have  an  intereft  dif- 
tin<ft  from  that  of  the  communiry  a/  In  England, 
while  parliaments  are  feptennial,  it  may  happen,  that 
many  hundreds  of  individuals  may  be  legifiators  the 
greateft  part  of  their  lives.  Accordingly  it  was  found, 
in  the  year  1766,  that  04  members  had  fervcd  in  4 
parliaments,  ^i  in  5,  16  in  6,  3  in  7,  2  in  8,  1  in  9, 
and  I  in  10.^ 

Many  w; iters  lay  great  ftrefs  upon  I  know  not 
whst  imaginary  danger  from  unbaUincirig  the  power 
of  the  three  edates.  For  my  part,  1  own  i  am  io  dull, 
that  I  can  lee  but  one  danger  refpecfling  the  interior 
of  the  kingdom,  viz.  The  danger  of  the  peopled  being 
enfiaved  by  the  iervants  of  the  cro^in,  Suppofe  the 
power  of  king  and  lords  diniinnlicd  to  what  degree 
the  reader  pleafes  j  if  the  people  of  property  in  general 
were  free  and  happy,  could  the  king  and  lords  be 
unhappy  ?  Would  the  king  and  the  lords  have  jufl 
reafon  to  complain,  if  ihey  were  happy  ?  Dots  any 
friend  to  his  fellow-creatures  wifh  the  king  and  lords 
to  poffefs  power  for  any  other  purpofe,  than  the  gene^ 
ral  happinefs  ?  Can  we  not  imagine  a  ftate,  in  which 
the  people  might  be  very  happy,  in  which  king  and 
lords  poffeffed  much  lefs  power  than  they  do  in  this 
country  ?  Can  we  not  imagine  a  very  happy  ftate, 
in  which  ihere  was  neither  king  nor  lords  ?  What  is 
Jhe  neceffity  of  a  check  on  the  power  of  the  commons 
by  king  and  lords  ?  is  there  any  fear,  that  the  com^- 
mons  be  too  free  to  confuU  the  general  good?  Mufl: 

the 


a  Locke  on  Govern,    ii.  214, 
b  LoND.  Mag,  1766,  p.  489. 


Chap.  V.        DISQUISITIONS.  117 

the  reprefentatives  of  the  people  be  checked  and  clog- 
ged in  promoting  the  intereft  of  their  conftituents  ? 
If  there  be  not  lome  neceflity  for  this  (which   to  me 
feems  as  rational  as  to  fay,  there  ought  to  be  a  check 
to  prevent  individuals  from  being  too  healthy,  or  too 
virtuous)!   cannot  fee  the  folidity  of  that  reafoning, 
which  lays  fo  much  ftrefs  on  the  neceflity  of  a  balance, 
or  equality   of  power   among   the   three  eftates,  or 
indeed  (fpcculatively,  or  theoretically  fpcaking)  of  a 
neceflity  of  any  more  ejiates  than  one,  viz.  An  ade- 
quate reprefentation   of  the   people,  unchecked  and 
uninfluenced  by  any  thing,  but  the  common  intereft; 
and  that  they  appoint  refponfible  men  for  the  execu- 
tion of  the  hws  made  by  them  with  the  general  ap- 
probation. Yet  fome  writers  of  no  fmall  note  eflfedl  to 
regret  the  fuppofed  weaknefs  of  the  crown  and  houfe 
of  lords,  when  iet  againft  the  commons,  becaufethe 
latter  commands  the  purfe.     *  The  king's  legiflative 
power,   *  lays  my  eileemed  friend   Mr.  Hume^    is  no 
check  to  that  of  the  commons/  And  why,  I  pray  you, 
fhould  it  be  a  check  ?  Again,  Though  the  king  has  a 
negative   in    the  paffing  of  laws,  yet  this,    in  fadt,  is 
efteemed  ot  fo  little  moment,  that  whatever  is  voted  by 
the  two  houfes  is  fure^  to  be  pafled  into  a  law,  and  the 
royal  aflent  is  little  better  than  a  mere  form.'     What 
would  this  gentleman  have  ?    Ought  a  king,  a  Angle 
indhiiiual^  or  a  handful  of  lords,  to  have  the  power 
oi  Jlopping  the  bufinefs  of  the  whole  Britijh    empire 
according  to  their  caprice,  or  their  intcreikd  views, 
whofe  intereft  may  often  be  imagined  (by  themfclves 
at  leaft)  to  lie  very  wide  of  the  general  weal  ?    1  can 
fee  very  clearly  the  ufe  of  a  check  upon  the  power  of 

a 


'  a   Queen  Elizabeth  rejected  40  bills,  and  king  William  III.  one,  if 
not  more. 


ii8  POLITICAL  BookllL 

a  king  or  lords;  but  I  own  I  have  no  conception 
of  the  advantage  of  a  check  upon  the  power  of  the 
people,  or  their  incorrupt  and  unbyafled  reprefen- 
tatives.  The  fame  eminent  writer  feems  to  think  a 
certain  competent  degree  of  court-influence,  by  offices^ 
neceffary.  For  my  part,  I  look  upon  every  degree, 
great  or  fmali,  of  minifterial  power  in  parliament  as 
a  deadly  poifon  in  the  vitals  of  the  conftitution,  which 
mull:  bring  on  its  deftrudlion. 

The  oppofers  of  annual  parliaments  fay.  Every 
thing  will  be  fludluating  under  them,  and  no  nation 
will  treat  with  you  ;  no  war  can  be  profecuted  with 
fuccels.  &c.  Have  they  then  forgot,  that  the  trea- 
ties of  Bretlgny  and  Troyss  were  concluded,  and  the 
vidories  of  Crecyznd  Agincourt  gained,  under  the  auf- 
pices  of  annual  parliaments?  On  the  contrary,  *  it 
is  thought  by  many  (fays  the  author  of  Pref.  to 
Fragm.  Polib.  a)  that  the  feptennial  act,  A.  D. 
17 1 6,  was  the  fevereft  ftab,  the  liberties  of  the  people 
cf  England  ever  received.' 

A  Handing  parliament,  or  the  fame  parliament 
long  continued,  changes  the  very  nature  of  our  con- 
ftitution in  the  fundamental  article,  on  which  the 
prefervation  of  our  whole  liberty  depends  b/  The 
fecurity  of  our  liberty  does  not  confifl:  only  in  frequent 
feffions  of  parliament,  but  in  frequent  new  parlia- 
ments c. 

*  The  antient  cuftom  (fays  Bavenant  ^)  in  the 
mixed  governments  formed  in  thcie  northern  coun- 
tries (which  will  be  the  beft  model  for  them  to  fol- 
low) was.  That  national  aflemblies  lliould  be  fre- 
quently called,  and  fent  home  as  foon  as  the  nation's 
bufinefs  was  difpatched.     The  wifdom  of  old  times 

did 


a  P   xii.  b  DissERT.   on  Parties,  p.  37. 

c  Ibid.   128.  d  Daven.    ii,  60. 


Chap.  V-     D  I  S  QJJ  I  S  I  T  I  O  N  S.  119 

did  never  think  it  convenient  that  one  and  the  fame 
affembly  fliould  fit  j%^«y  years  brooding  of  fadion. 
For  it  is  in  thefe  continued  feffions,  where  the  ikill 
is  learnt  of  guiding^  and  being  guided,  where  the 
youth  is  depraved,  and  old  finners  hardened,  where 
thofe  parties  are  formed  that  give  the  cunning  fpeak- 
ers  fo  much  weight  and  value,  and  where  they  can 
bring  their  fubtlety  and  eloquence  to  market.  And 
in  former  reigns,  the  departing  from  a  principle  fo 
eflential  in  its  conftitution,  bad  hke  to  have  changed 
the  whole  face  of  the  Englijh  government  5  for 
leeches  and  other  blood-fucking  worms  are  ingen- 
dered  in  (landing  pools ;  flowing  waters  do  not  cor- 
rupt or  breed  fo  many  infedts.  The  keeping  a  na- 
tional aflTembly  long  fitting  debauches  the  gentry  of  a 
kingdom,  and  opens  a  way  to  offices  of  truft,  not 
known  among  their  ancefl:ors ;  but  when  fuch  alT.m- 
blies  are  called  together  to  confult  upon  the  difficul- 
ties of  ftate,  and  are  diiTolved  as  foon  as  the  public 
bufinefs  is  difpatched,  the  meafures  of  the  falfe  poli- 
ticians become  prefently  quite  altered.  They,  who 
defign  to  rife,  muft  mount  by  other  fteps  than  for- 
merly. Intriguing,  heading  parties,  running  into 
fadtions,  and  fudden  changing  of  fides  will  avail 
the  bufy  men  but  little,  hyear  or  two  is  notfufficient 
to  mould  and  faftiion  an  afl^embly  to  their  defigns ; 
every  new  feffions  young  gentlemen  are  fent  up  whom 
it  is  not  fo  eafy  to  corrupt  ^  they  can  fix  nothing  where 
there  is  a  perpetual  flux  and  reflux  of  matter  ^  it  is 
like  building  on  a  quick  fiind.  When  fuch  as  intend 
to  advance  themfelves  in  the  world  fee  all  this,  and 
that  thefe  aflemblies  are  no  more  the  field  in  which 
they  can  exercife  their  wicked  arts  with  any  advan- 
tage, they  naturally  fall  into  other  methods,  and  are 

boneji 


I20  POLITICAL         Book  III. 

honejl  of  courfe,  when  it  is  no  longer  their  interejl  to 
be  otherwife.  In  fuch  a  conftitution  there  is  no  need 
to  filence  troublefome  and  perplexing  rhetoric  with 
fome  good  office,  nor  to  buy  off  and  reconcile  at  any 
rate,  men  of  turbulent  and  ambitious  fpirits  5  and 
when  it  is  not  needful  to  hire  people  to  fave  their  own 
country,  how  much  cheaper  and  more  eafy  is  govern-^ 
ment  rendered  to  princes,  who  then  have  a  free 
choice  among  their  fubjeds  to  call  whom  they  pleafe 
into  the  fervice  of  the  ftate  ?  whereas  otherwife  their 
favours  are  confined  to  one  narrow  fphere;  and  as 
thereby  their  goodnefs  is  made  more  extenfive,  fo 
the  stations  requiring  abilities  and  experience  muft  be 
better  filled,  when  a  court  has  not  the  necejjity  upon 
it  to  find  out  places  for  men  rather  than  men  that 
are  fit  for  the  places.  In  countries  where  this  poft, 
fo  effential  to  liberty,  is  thus  preferved  from  corrup- 
tion, all  matters  relating  either  to  war  or  peace,  pub- 
lic revenues,  or  trade,  will  go  on  profperoufly ;  and 
a  national  aflembly  fo  conftitutcd  will  always  produce 
wholefome  laws,  right  adminiftration,  and  a  perpe- 
tual race  of  honeft  and  able  minifter?.' 

Charles  II.  governed,  by  his  long  or  penfioned- 
parliament  in  much  the  fame  arbitrary  manner  as 
William  the  Baftard  did  without  a  parliament.  For, 
*  as  the  people  had  in  both  cafes  loft  the  exercife  of 
their  annual  power  of  election,  with  that  they  had 
loft  the  remedy  for  all  their  grievances.  And  under 
this  mode  of  things  may  be  obferved  all  the  marks  of 
tyranny  that  can  be  found  under  the  defpotic  go- 
vernment of  one  man.  The  laws  were  no  longer 
any  protedion  to  the  innocent.  Judgment  and  juf- 
tice  were   direded    by   court-policy ;    feverity  and 

cruelty 


Chap.  V.        DISQUISITIONS.  121 

cruelty  took  the  place  of  mercy  and  moderation; 
flitting  of  nofes,  cutting  of  ears,  whipping,  pillory- 
ing, branding,  fining, .  imprifoning,  hanging,  and 
beheading,  were  the  conftant  lot  of  thofe  who  had 
virtue  enough  to  fpeak,  write  or  adt  in  delence  of 
conftitutional  liberty.  And  fo  far  was  the  honie  of 
commons  from  reHeving  the  people  under  this  dread- 
ful diftrels,  that  they  contributed  all  in  their  power 
to  prevent  even  their  cries  and  prayers  fiom  either 
approaching  the  throne  or  themfelves.  They  paffcd 
a  law,  by  which  no  man  durfl:  alk  his  neighbour  to 
join  him  in  a  petition  for  relief  to  the  king  or  either 
houfe  of  parliament.  It  was  a  melancholy  confide- 
ration  to  fee  the  people  refufed  the  benefit  of  prayers 
and  tears  for  relief  againft  their  own  infamous  ^^-* 
puties  ^/ 

*  Nothing  could  make  it  fafe  (fays  the  author  of 
Dissert,  on  Parties  ^)  nor  therefore  reafonable, 
to  repofe  in  any  fet  of  men  whatfoever  fo  great  a 
truft  as  the  colledivc  body  delegates  on  the  repre- 
fentati've  in  this  kingdom,  except  iht-  Jkortnefs  of 
the  term  for  which  this  trufl  is  delegated.  There- 
fore every  prolongation  of  this  term  is  in  its  degree 
unfafe  for  the  people ;  it  weakens  their  fecurity,  and 
endangers  liberty  by  the  very  powers  given  for  its 
prefervation.  Such  prolongations  expoie  the  nation, 
in  the  pofllble  cafe  of  having  a  corrupt  parliament, 
to  lofe  the  great  advantage  which  our  conftitutiori 
hath  provided  of  curing  the  evil  before  it  grows  con- 
firmed and  dejperatey  by  the  gentle  method  of  chufing 
a  new  reprefeniative,  and  reduces  ih^  people  by  con- 
fequence  to  have  no  other  alternative  than  that  of 

Vol.  I.  R  fubmitting 


a  Hist.  Ess.  Engl,  Const,    izo.  b  P.  129. 


122  POLITICAL  Book  III. 

fubmitting  or  refifting,  though  fubmitting  will  be  as 
grievous,  and  reliftance  much  more  difficult,  when 
the  legijlature  betrays  its  truft,  than  when  the  king 

alone  abufes   his  power. Thefe  refledions,    are 

fufficient  to  prove  thefe  propofitions ;  and  thefe 
propofitions  fet  before  us  in  a  very  ftrong  light,  the 
neceffity  of  ufing  our  utmoft  efforts  that  the  true 
defign  of  our  conftitution  my  be  purfued  as  clofely 
as  pofTible  by  the  re-ertabli(hment  of  annual^  or  at 
leaft  triennial  parliaments.' 

The  author  of  a  piece  intituled  A  Difcourfe  between 
a  Teamen  of  Kent,  and  a  Knight  of  a  Shire  upon  the 
prorogation  of  the  Parliament  to  May  2,  1693  ^, 
writes  as  follows. 

The  king  had  rejedled  the  bill  •  *  for  fecuring  the 
foundations  of  the  civil  government,  by  fuch  a  con- 
flant  fucceffion  of  new-chofen  parliaments,  that  their 
deputies,  by  their  long  continuance  in  that  truft, 
may  not  be  in  danger  to  be  corrupted  by  offices  or 
private  intereft/  The  fpeakers  in  the  dialogue 
remark,  that  the  mifchiefs  of  Charles  lid's  and 
fames  IId*s  reign  were  occafioned,  in  great  meafure, 
by  their  refufing  to  call  fucceffive  parliaments,  and  by 
continuing  the  fame  parliamentfor  many  years,  to  form 
them  to  a  compliance  wkh  their  defigns  of  defpotic 
power.  They  obferve,  *  That  from  king  William's  fo- 
lemn  and  repeated  ajfurances  that  he  would  put  a  flop 
to  the  arbitrary  power  exercifed  over  the  people,  and 
parliament,  and  from  his  requeft  to  parliament,  that 
they  would  make  fuch  an  etfedual  provifion  for  their 
fundamental  laws  and  liberties,  that  they  might  never 
hereafter  be  in  danger  to  be  again  invaded  y  there  was 

reafon 
»'  ..  ■■- ' ..II.        ■■.  ■       

aSTATE    TRACTis,  tune  ofking  Fr/7//V7«f,   11.330. 


Chap.V.        DISQUISITIONS.  123 

reafon  to  expeft,  that  the  antienf,  legal  courfe  of 
annually -chofen  parliaments  would  have  been  im- 
mediately reftored,  and  the  ftrongeft  knct  made  for 
that  conditution,  that  the  wifdom  of  the  kingdom 
could  have  invented.'  But  the  promoters  of  the 
revolution  loft  the  opportunity. 

Politicians  have  laid  down  for  a  maxim.  That  if 
kings  were  republican  in  their  meafures  of  adminiftra- 
tion,  fubjeds  would  be  royalijls  in  their  obedience. 
Our  kings  have  it  in  their  own  abfolute  power  to 
do  the  nation  a  prodigious  fervice.  The  king  can  dif- 
folve  every  parliament  at  the  end  of  the  firft  feffion  ; 
which  would  make  parliaments  annual.  But  this 
would  be  applying  prerogative  to  the  advantage  of 
the  people ;  whereas  kings  generally  think  it  is  in- 
tended for  t&eir  advantage,  and  to  keep  the  people 
down.  Yet  even  the  army  (not  generally  friendly  to 
liberty)propofed,  ^,  D.  1647,  biennial  parliaments^^ 
that  the  counties  ihould  eledl  members  *  according  to 
the  refpec^Hiive  rates  they  bore  in  the  common  charges 
and  burdens  of  the  kingdom,  and  that  the  eled:ion 
of  burgeffes  for  poor  declined  or  inconfiderable  towns 
be  taken  off  b/  And  gpneral  Fairfax^  in  his  pro- 
pofals  for  peace  inCharks  Ift's  time,  makes  the  reduc- 
tion of  the  period  of  parliament  to  two  years,  an  effen- 
tial  article  c, 

'  If  it  fliould  ever  happen,  fays  the  author  of  Pref. 
TO  Fragm.  Pol YB.«i  that  the  reprefentatives,  en- 
couraged by  long  independence  on  the  people,  ihould 
inftead  of  reforming  grievances,  increafe  their  num- 
ber, and  become  themfelves  the  greateft  grievance  ; 

the 


zRapin.   II.   537,  b  Ibid.  538. 

cParl.  Hi&T.  XVI.  205.  d  P.  xiv. 


124  POLITICAL  BookllL 

the  people  will,  in  that  cafe,  have  no  legal  remedy, 
which  is  in  itfelf  contrary  to  the  nature  of  govern- 
ment;  it  being  ridiculous  to  imagine  that  the  fame 
law,  which  provides  a  remedy  in'  every  private 
wrong,  Ihould  provide  none  for  tbele  of  the  public, 
or  that  the  whole  body  of  the  people,  for  whofe  fake 
thelaw  itielf  was  inftituted,  fhould  ever  find  them- 
felves  in^  fuch  circumftances,  as  to  lofe  the  benefit 
of  it.  Yet  this  muft  happen  if  it  be  received  as  a 
landing  maxim  of  law  and  juftice,  that  their  repre- 
fentativ^s  when  once  chofen  for  any  number  of  years, 
have,  notwithftanding  the  groffeft  mllbehaviour,  ftill 
a  right  to  fit  out  their  term,  and  what  is  worfe  to 
extend  it  as  far  as  the  affairs  of  the  nation,  or  ibeir 
QWHy  may  feem  to  require.  If  .this  be  admitted, 
then  no  term  can  by  law  be  prefcribed  to  their  fitting ; 
becaufe  they  have  ftill  a  power  by  law  of  extending 
that  term,  and  confequently  of  perpetuating  them- 
felves.  This,  however  improbable,  muft,  upon  a 
fuppofition  of  the  legahty  of  the  firfl:  extenfion  of  the 
original  term,  be  allowed  to  be  equally  legal.  From 
hence  it  appears  how  dangerous  it  is  to  remove  the 
corner  ftones  of  government ;  .and  that  whenever  they 
have  been  removed  through  necefilty,  the  firft  op- 
portunity ought  to  be  laid  hold  of  to  reftore  them  to 
their  former  fituation/ 

IjOxA  Dighy,  in  his  fpeech,  ji.  D.  1640,  fays. 
The  fafcty  of  the  ftate  confifts  in  frequent  parlia- 
ments. They  are  the  ujiim  necejjarium.  The  long 
intermiflion  of  parliaments  has  always  produced  bad 
effects/  He  obferves,  that  the  oppreflions  of  ihip- 
money,  and  the  reft  in  Charles  Ift's  time,  were  worfe 
than  all  the  grievances  from  Magna  Cbarta  down, 
and  that  the  intermiflion  of  parliaments  was  the  pri- 

naary 


Chap.  V.        DISQUISITIONS.  125 

mary  caufe  of  the  miniftry's  daring  to  opprefs  the  fub- 
jedl.  [He  had  no  idea  of  a  bribed  parliament's  (econd- 
ing  the  views  of  a  villainous  court.]  A  parliament, 
he  fays,  is  the  only  fecurity  againft  -a  bad  miniftry. 
[But  what  fecurity  againft  a  bad  parliament?]  For  a 
miniftry  will  always  aim  at  an  enlargement  of  power, 
and  a  parliament  only  can  curb  them.  ^  No  ftate 
can  wifely  be  confident  of  a  miniftcr's  being  good 
longer  than,  the  rod  is  held  over  him  ».'  He  men- 
tions Noy  as  once  a  great  patriot  and  promoter  of  the 
petition  of  right 5  afterwards,  when  made  attorney 
general,  the  very  inventor  of  (hip-money,  lie  calls 
Wentwortb  alfo  a  fliameful  apoftate.  He  is  for  trien^ 
nial  parhaments.  There  were  no  places  nor  money 
to  bribe  w^ith  then.  But  even  triennial  parliaments 
now  would  be  too  long. 

*  Had  we  had  frequent  parliaments,  fays  Sir  W. 
Drake,  A*  D.  1641,  we  fhould  have  given  a  timely 
flop  to  mifchiefs,  and  never  have  fuffered  them  to 
break  in  upon  us  with  fuch  an  inundation  of  diftem- 
pers,  that  without  prevention,  may  yet  fwallow  us 
upV 

The  ad,  A.  D,  1641,  for  fecuring  parliament 
againft  diflblution  by  the  king,  without  its  own  con- 
fent,  was  dangerous,  as  it  left  parliament  at  liberty 
to  fit  as  long  as  they  pleafed.  But  it  was  thought 
fafe,  becaufe  there  was  then  no  confiderable  number 
of  places,  penfions,  or  contrads,  and  the  people  had 
therefore  an  unrefcrved  confidence  in  parliament.  It 
fet,  however,  a  very  bad  exkmple  for  corrupt  times* 
The  people  thought  it  a  glorious  vidory  over  the 
tyrant,  the  cnly  objedl  of  their  fear  ^  little  apprehend- 
ing, that  ever  a  time  would  come,  when  they  fliould 

have 

a  Parl,  Hist,  ix,  197.  b  Ibid.  x.  37. 


126  POLITICAL  Book  III. 

have  reafon  to  dread  an  exceffive  power  in  parliaments. 
Yet  they  ought  to  have  known,  that  it  is  never  fafe 
that  power  be  fo  far  out  of  the  peoples  reach,  that 
they  cannot  refume  it,  whenever  they  fee  it  abufed, 
either  by  kings,  or  parliaments.  And  they  ought  to 
have  remembered,  that  (fach  is  the  difpofition  of  the 
human  mind)  to  give  independent  power  to  any"  fet 
of  men  whatever,  is  giving  them  the  watch-word  to 
ered  themfelves  into  tyrants.  The  proceedings  of 
that  very  parliament  exhibited  a  ftriking  proof  of  the 
juftntris  of  this  remark,  and  the  independency  on  their 
confiituents,  ftill  arrogated  by  many  of  our  members 
of  parliament,  confirms  it.  Were  our  parliaments 
a72f2Ual,  we  (hould  fee  our  members  as  ready  to  ac- 
knowledge their  refponfibility  to  their  conftituents,  as 
now  our  cverfeers  of  the  poor  are  to  fubmit  their  ac^. 
counts  to  the  examination  of  the  parifli. 

The  triennial  bill  under  king  William  III.  was 
received,  {zys  Burnet^,  with  great  joy;  many  fan- 
cying, that  all  their  other  laws  and  liberties  were 
now  the  more  fecure,  fince  this  was  pafled  into  a 
law.  Time  muft  tell  what  efFeds  it  will  produce ; 
whether  it  will  put  an  end  to  the  great  corruption, 
with  which  eledions  were  formerly  managed,  and 
to  all  thofe  other  pradices,  which  accompany  them. 
Men,  who  intended  to  fell  their  own  votes  within 
doors,  fpared  no  coft,  to  buy  the  votes  of  others  in 
eledtions.  But  now  it  was  hoped,  we  fhould  fee 
a  golden  age,  wherein  the  characters  men  were  in, 
and  the  reputation  they  had,  would  be  the  prevail- 
ing confiderations  in  eledions.  And  by  this  means 
it  was  hoped,    that  our  conftitution,    in    particular 

that 


a  Hist.  OWN  Times,  hi.  183. 


Chap.  V.        DISQUISITIONS.  127 

that  part  of  it,*  which  related  to  the  houfe  of  com- 
mons, would  again  recover  its  ftrength  and  repu- 
tation, which  were  now  very  much  funk.  For  cor- 
ruption was  fo  generally  fpread,  that  it  was  believed, 
every  thing  was  carried  by  that  method/ 

To  thefe  obfervations  of  the  good  bifhop,  I  will 
add.  That  it  is  at  no  time  eafy  to  fay  what  efFedt  a 
/^r//W  reformation  of  abufes  will  produce.  And  the 
mere  reducing  of  parliaments  to  triennial  is  furely  a 
very  partial  corredion.  It  is  only  flopping  one  leak 
in  ten.  For  fuppofing  parliaments  w'ere  triennial, 
fo  long  as  a  few  thoufands  (inftead  of  many  hundred 
thoufands)  have  the  power  of  fending  in  a  majority 
of  the  houfe,  it  will  be  in  the  power  of  the  treafury 
to  influence  eledlions.  And,  fo  long  as  there  is  no 
penalty  for  fitting  in  the  houfe  of  commons,  and;  at 
the  fame  time,  enjoying  a  place,  or  penfion,  fo  long 
there  will  be  danger  left  the  votes  of  the  members  be 
influenced  by  a  corrupt  court.  And  fo  long  as  the 
fame  individuals  may  be  returned  again  and  again, 
without  necejflity  of  exclufion  by  rotation,  fo  long  it 
will  be  worth  the  miniftry's  while  to  influence  them, 
and  worth  their  while  to  bribe  their  eledors.  But, 
if  parliaments  were  annual,  with  exclufion  by  rota- 
tion ;  if  the  power  of  eleding  were  equally  diftri- 
buted,.  as  it  ought  to  be,  among  men  of  property, 
fo  that  no  one  member  could  be  eleded  by  fewer 
than  a  majority  of  800  votes ;  and  if  no  member  could 
hold  a  place,  or  penfion,  while  he  fat  in  the  houfe 
of  commons,  under  a  fevere  penalty — if  all  thefe 
reftoratioTis  of  the  conftitution  were  brought  about, 
I  will  engage,  that  court-influence  in  parliament  fliall 
be  impoffible 'y  and  then  we  flxall  fee  the  golden  days 
mentioned  by  the  bifliop. 

Con* 


128  POLITICAL  Book  IIL 

Concerning  triennial  parliaments    it   was  argued^ 
A*  D.    1693,  That  long    parliaments  might  prove 
dangerous  either  to  king  or  people  ,  to  the  former  by 
their  obtaining  great  influence  among  the  people,  and 
retrenching  too  much  the  power  of  the  crown.     But 
this  I  think  frivolous,  becaufehiftory  has  no  example 
of  a  crown,  whofe  power  was  too  much  retrenched. 
And  befides  it  is  mod  likely  that  ajlort  parliament 
will  retrench    prerogative.     That  long    parliaments 
may  be  likely  to  prove  dangerous    to    the  people,  is 
extremely  natural.     For  power  becoming  inveterate 
in  the  hands  of  any  fet  of  men  is  always  dangerous. 
When  a  court  knows,  that  the  fame  fet  of  men  are 
likely  to  be  in  parliament  for  leven,  fourteen,  or  twenty 
one  years,  it  becomes  worth  while   to  pradlife  upon 
them  ;  and  a  wicked  court  may  influence  a  corrupt 
parliament  to  give  up,  hys  Burnet  ^^  all  the  money  and 
all  the  liberties  of  Englandy  when  they  are  to  have  a 
large  (hare  of  the  money,  and  are  to  be  made  inftru- 
ments  of  tyranny.'  *  Frequent  parliaments  would  like-       || 
wife,  fays  the  fame  author,   put  an  end  to  the  great      J 
expence,  candidates  put   thcmfelves  to  in  eledjons,       1 
and  would  oblige  the  members  to  behave  themielves 
fo   well,   both   wiih   relation  to  the  public,  and  in 
their  private  deportment,  as  to  recommend  them  ta 
their  electors  at  the  three  years  end  ;    whereas,    when 
a  parliament  is   to  fit   many  years,     the    members 
covered  with  privileges,  are  apt  to   take  great  liber- 
ties, to  forget,    that    they   reprefent  ethers,  and  to 
take  care  only  of  themielves.'  Burnet  mentions  fome 
pbjedlions  then  made  to  frequent  eledtions,  as,  *  That 
they  would  m.ake  the  freeholders    proud,  and  info- 
lent,    when   they  knew,    that   application  muft  be 

made 

a  Hut.  <?wn   Times,   hi.    147. 


Chap.  V*      D  I  S  CLU  I  S  I  T  I  O  N  S,  129 

made  to  them  at  the  end  of  three  years.  This  would 
eftablifh  a  fadion  in  every  body  cf  men,  who  had 
a  right  to  eledion  ;  and  whereas  now  an  eledioa 
puts  men  to  a  great  charge  all  at  once,  then  the 
charge  muft  be  perpetual  all  the  three  years,  in  lay- 
ing in  for  a  new  election,  when  it  was  known,  how 
foon  it  would  come  round.*  But  furely  we  cannot 
do  mach,  if  we  cannot  get  over  fuch  frivolous  objec- 
tions as  the  e.  As  to  the  pride  and  infoience,  which 
the  power  of  frequent  elections  would  produce  in  the 
freeholders,  it  is  nothing  to  the  purpofe.  We  are  not 
to  deprive  the  freeholders  of  what  is  otherwife  their 
juft  right,  beeiufe  their  poffeffing  of  it  may  make 
them  proud.  On  that  principle,  they  muft  not  have 
thsir  eftates,  at  leaft  none  muft  have  conliderable 
eftates.  And,  above  all,  we  muft  have  no  biihops, 
peers,  or  kings.  And  as  to  fadion's  being  likely  to 
be  increafed  by  {hortening  parliaments,  it  is  more 
likely  to  confound  fadion.  The  very  fupport  of 
fadion  is  power  continued  long  in  the  fame  hands* 
And  as  to  the  increafe  of  expence  to  members  in  con- 
fequence  of  (hort  parliaments,  it  is  an  objedion  feC 
upon  its  head.  For,  if  parliaments  were  annual,  with 
exclufion  of  two  thirds  for  three  years  by  rotation^ 
there  would  be  at  once  an  end  put  to  packing,  brib- 
ing, canvaffing,  eledioheering,  placing,  and  penfion- 
ingof  parliament-men  ;  becaufe  the  parliament,  never 
confifting  wholly  of  the  fame  men  for  two  years 
together,  it  would  not  be  worth  while  for  the  court 
to  get  their  iniquitous  fchemes  carried  in  parliament^ 
only  to  remain  for  one  year,  and  be  overthrown  the 
next ;  and  whenever  a  feat  in  the  houfe  came  to  be 
no  longer  a  matter  of  emolument,  the  conteft  would 
be  (as  now  with  refped  to  parifh-officers  in  England, 
Vol.  I,  S  and 


130  POLITICAL  Booklll. 

and  feats  In  the  aflemblies  in  America)  how  to  avoid 
being  eledted. 

The  people's  right  of  annually  eledling  deputies  to 
reprefent  them  in  parliament  was,  at  the  time  of  the 
triennial  aft,  as  much  a  part  of  their  birthright,  as 
the  freedom  of  their  perfons.  They  had  enjoyed  it 
longer  than  Magna  Charta^  without  violation,  till  the 
times  of  Charles  I.  It  was  therefore  no  more  in  the 
power  of  any  fingle  king  and  parliament  to  deprive 
the  people  of  this  right,  than  of  Magna  Charta.  And 
the  people  have  now  a  right,  at  any  time,  to  refume 
their  original  power,  and  to  eleft  only  for  one  year, 
declaring,  that  they  will  not  yield  obedience  to  one 
adt  made  in  2,fecond  year  of  the  fame  parliament. 

The  only  plaufible  pretence  for  feptennial  parlia- 
ments, viz.  the  danger  of  a  jacobite  parliament's  being 
choten,  never  was  folid  ^  becaufe,  on  that  principle, 
parliaments  (liould  have  been  flill  longer  than  fepten- 
nial, that  is,  there  {hould  have  been  no  new  parlia- 
ment called,  while  there  was  a  confiderable  body  of 
Jacobites  in  the  nation.  But  if  the  pretence  for  fep- 
tennial parliaments  had  been  ever  fo  plaufible,  at  the 
time  of  that  fatal  innovation,  in  the  name  ofcomtnon 
fenfe,  what  has  that  to  do  with  our  times  ? 

It  was  propofed  to  addrcfs  for  frequent  new  parlia- 
ments, yf.D.  1675,  in  the  houfe  of  peers.  It  was  urged 
that  parliaments  both  before  and  long  after  the  conqueft, 
were  held  3  times  a  year,  viz.  at  Bajler^  Whitfuntide^ 
and  Chrijlmasy  8  days,  each  time  ^.  This  continued 
with  fome  variations  till  Edward  III.  *  Then  parlia- 
ments were  appointed  to  be  annual,  or  oftener,  if 
need  be,  *  and  prorogations  were  not  then,  nor  till  late 

times. 


a  Deb.  Lords,   i.  175, 


Chap.  V.        DISQUISITIONS.  131 

tinaes,  unkiiovvn  ».*  It  was  unreafonable,  that  the 
fame  man  (hould  engrofs  legiflative  power,  and  exclude 
fp  many  others  equally  entitiled.  Change  of  hands 
was  ufeful  to  keep  thofe  intrufted  to  their  duty.  A 
member  may  be  chofen  when  in  good  circamftances. 
He  may  ruiri  himfelf  with  gaming,  ^c.  Then  he 
becomes  obnoxious  to  bribery.  Then  he  taxes  the 
people,  to  enable  the  court  to  bribe  him^  and  the  reft 
of  the  venal  crew.  At  any  rate  a  place-man  is  not 
as  free  as  he  who  has  nothing  from  the  court,  llono^ 
res  mutant  mores.  ^  The  commons  are  now  become 
judges  of  their  own  privileges,  condemning  and 
imprifoning  their  fellow  fubjefts'  [their  conftituenu, 
theiv  majiers]  *  at  pleafure,  and  without  oath;  they 
are  judges  of  all  eledions,  by  which  means  very 
often  they,  and  not  the  people,  chufe  their  fellow 
members.  This  is  owing  to  the  length  of  parlia- 
ments. Long  parliaments  give  time  for  fettling 
cabals  and  fchemes  of  corruption.  The  nation  was 
therefore  much  obliged  to  the  long  penfioned  parlia- 
ment for  not  enflaving  it.  How  eafily  this  may  be 
done  in  future  ages,  under  fuch  princes  and  long  par- 
liaments, may  eafily  be  conjedured  ^.  Lately  there 
have  bsen  given  1500/.  2000/.  and  7000/.  to  beelefted. 
There  is  a  fcurvy  proverb,  That  men,  who  buy 
dear,  cannot  live  by  felling  cheap.*  1  he  addreis 
was  however  carried  in  the  negative.  Several  lords 
protefted,  and  the  king  came  to  prorogue  the  houfe 
before  all  the  lords  who  intended  to  join  in  the  pro-*- 
teft,  were  come  to  the  houfe^. 

'  It  cannot   be   unknown  to  king  William,'  (fays 
the  judicious  author  of  Reasons  for  annual  Par- 
liaments) 


a  Deb.  Lords,  i.  176.  b  Ibid,  iSo,  clbid.  175. 


132  POLITICAL  BookllL 

LiAMENTs  a)  *  how  much  he  has  been  libelled, 
becauie  fo  many  of  his  officers  were  in  the  hcufe/ 
— *  I  am  defirous  that  it  (Jiould  be  made  apparent, 
for  the  future,  in  every  parHament,  that  there  is  no 
likelihood  of  its  being  debauched,  and  that  will  be  j 
made  apparent  by  eftabliftiing  annual  parliaments  ^/  ' 
He  then  goes  on  to  ihew,  that,  as  members  are  de- 
legated by  eledcrs,  to  fupply  their  places,  and  do 
their  bufinefs  for  them,  they  ought  not  to  be  con- 
tinued longer  than  a  year  j  becaufe  circumftances  may 
fo  change  in  a  year,  that  a  member  who  was  jit  for 
the  bufinefs  in  agitation,  when  he  was  chofen,  may 
be  found  very  ill  qualified  forjudging  of  what  comes 
before  parliament,  the  following  feflions^  yet  the 
eiedtor^s  have  no  opportunity  of  changing  him  for  a 
more  proper  deputy.  Again  he  fhews,  that  tne  con- 
tinuing the  fame  members  for  feveral  years  is  over- 
throwing tne  people's  privilege  of  delegation,  and 
giving  their  delegates  a  power  of  becoming  their 
mafters,  and  the  creatures  of  the  courts  from  which, 
and  not  the  people^  they  receive  their  commifiions 
upon  every  new  prorogation.  If  fhort  parliaments  be 
the  mofl  efFedual  means  for  preventing  bribery,  fliort 
parliaments  are  eminently  dcfireablei  for  bribery  is 
more  dangerous  than  quo  warrantos.  He  then  goes 
on  c  to  (hew,  that  frequent  new  parliaments  were  the 
cuflom  under  our  Henries  and  Edwards.  That  the 
befl  kings  of  Spain,  and  of  Francey  and  the  befl 
German  emperors  were  mofl  defirous  of  frequent 
meetings  with  their  people  in  their  general  ccrtes, 
parliaments,  and  diets. 

When 


mmmm»^ 


a  State  Tracts,  iimtoiYi.  William^  ill.  290* 
b  ibid.  c  Ibid.  291. 


Chap.  V,       DISQUISITIONS.  133 

When  the  feptennial  bill  was  propofed,  A.  D2 
171 6,  it  was  pretended,  that  the  people  were  very 
generally  difaffeded,  though  the  rebellion  was  quel- 
led ;  and  that  the  hopes  of  the  Jacobites  were  founded 
on  a  new  parliament.  It  was  propofed  firft,  to  fut 
pend  the  triennial  adl  for  once,  which  would  have 
continued  the  parliament  three  years  longer.  It  was 
qceitioned  whether  the  feptennial  bill.fhculd  be  fet 
on  foot  in  the  houfe  of  lords  or  commons.  It  was 
thought  heft  it  fhould  be  ftarted  in  the  lords  houfe, 
where  the  triennial  originated  j  that  the  odium  might 
not  fall  upon  the  commons  (o  as  to  hinder  their 
elections.  Triennial  elections  (they  faid)  keep  up 
parry  divifions,  raife  animofities  in  families,  occafion 
ruHijus  expences,  &c.  The  only  pretence  for 
le  "Jjithening  parliaments,  was  the  jacobitifm  of  the 
psrople,  which  was  owing  to  the  mad  cry  of  The 
cburcb  in  danger ^  fet  up  by  the  bigotted  fnefthood. 

Tantum  rclhgio  potult  fuadere  malorum. 

Could  ih^y  not  fee  that  die  conteft  about  eledions 
was  owing  to  tne  poils  and  places  ?  Why  did  they 
notabouib  them,  as  \\\  Holland^  The  whigs  made  a 
point  vf  carrying  the  bdl,  and  every  oppoferof  it  was 
to  be  fet  down  ^or  a  tory.  The  triennial  adt,  when 
paiTe  1,  was  iooked  upon  by  the  people  as  their  great 
fecurity.  Why  t)«ereiore  did  the  people's  deputies 
dare  to  mention  the  repeal  of  ii?  It  had  made  king 
WiHiam  ftiprem.-ly  popular.  The  feptennial  bill  was 
taking  the  electi.»n  from  the  people,  and  electing 
themselves  for  tour  years.  Parliaments  ought,  not  to 
b^  aUered  from  what  was  the  known  intention  of  the 
elcdors,  wi-hout  new  authority  obtained  from  the 
cledors.  But  that  they  did  not  afk  y  well  knowing 
tiiey  fhould  not  obtain  it.     The  expeace  of  frequent 

elec* 


134  POLITICAL  Book  IIL 

eledions  was  no  argument,  beeaufe  thefe  expences 
are  voluntary.  Frequent  eledions,  it  was  faid,  pro-? 
duced  corruption,  [the  contrary  is  the  truth,  their 
cdnfciences  told  them]  and  corruption  produced  the 
parliament  which  approved  the  peace  of  Utrecht,  [If 
corruption  does  miTchief,  the  bulinefs  is  to  remove  the 
materials  of  corruption.  The  caufe  abolKhed,  the 
efFeds  will  ceafe  of  courfe.]  Lord  Trevor  faid,  the 
lliorteft  parliaments  were  the  beft,  and  that  annual 
was  the  conftitutional  period.  That  parliaments  were 
longed  in  the  worft  times,  and  when  the  revolution 
came  in,  which  brought  liberty,  with  it  came  fliort 
parliaments.  It  was  very  neceffary,  he  faid,  to  make 
regulations  for  preventing  parliaments  making  en- 
croachments on  the  conftitution,  as  well  as  for  re- 
flraining  minifterial  encroachments.  If  the  people 
were  difaftedted  and  difcontented,  whether  would  the 
lengthening  of  parliaments  conciliatey  or  widen  the 
breach  ?  There  >s  no  reprefentative  of  the  people  but  a 
houfe,  of  their  (?i£;;2  making.  Every  eledlion,  fuppofing 
repreftriiation  adequate,  and  places  out  of  the  way, 
throws  the  government  again  into  the  hands  of  the 
people,  where  it  muft  always  be  fafe.  It  is  abiurd  to 
alledge,  that  foreign  ftates  could  not  truft  us,  if  our 
parliaments  were  fliortened.  What  more  permanent 
than  the  French  court  ?  But  who  trujls  the  French 
court  ?  Let  property  govern,  and  all  will  be  fafe, 
and  univerfal  confidence  will  follow.  A  long  parlia- 
ment made  Charles  II.  indifferent  about  the  affec- 
tions of  his  people.  The  lengthening  of  parliaments 
tended  to  produce  fadion  in  foreign  flates,  when  they 
faw  how  eafily  the  Britijh  conftitution  might  be  broke 
into.  It  was  therefore obferved  in  the  houfe  of  peers, 
that  to  publifli  the  prevalency  of  a  popifli  fadtion  in 
Britainy  and  to  tell  foreigners,  that  the  people  were 

not 


Chap.  V.         D  I  SQUI  S  IT  I  O  N  S*  135 

not  to  be  trufted  with  themfelves,  v/as  confounding 
all  confidence  of  foreign  ftateSfin  this  natioh.  Articles 
in  the  lords  proteft  againfl  committing,  were,  '  That 
frequent  new  parliaments  are  required  by  the  ccnfti- 
tution  of  this  kingom,  and  the  practice  of  many  ages 
evidences  this  to  be  the  conftitution.  That  long  par- 
liaments naturally  increafe  corruption.  The  longer 
the  time,  the  more  worth  a  corrupt  minilter's  while 
to  bribe,  and  the  more  worth  a  candidate's  to  get  in- 
to the  houfe/  Thirty  lords  protcited  agasnil:  com- 
mitting the  bill,  and  afterwards  24  agaiaft  pafling  it* 
Petitions  were  prefented  to  the  commons  againit  it 
from  HaJiingSy  Marlborough^  Cambridge ^  and  Abing-- 
don.  a 

In  the  fame  debate  in  the  houfe  of  peers,  the  duke 
oi  Devonjhire^  in  favour  of  the  bill,  laboured  to  fct 
forth  the  inconveniencies  attending  triennial  parlia- 
ments, that  they  ferved  to  produce  feuds,  animofi- 
ties,  party-divifions,  expenfive  ele(ftions,*  with  the 
other  trite  fluff  commonly  urged  on  that  fide  of  the 
queftion.  On  the  contrary,  lord  Abingdon  faid,  the 
people  looked  upon  the  triennial  a(£t,  as  the  great 
fecurity  of  their  rights  and  liberties ;  that  if  the 
bill  pafled  the  commons,  it  would  be  looked  upon 
by  thofe  they  reprefented,  as  a  breach  of  truft.  The 
duke  oi  Kingjione  denied,  thelaft  part  of  this  affertion, 
and  urged  that  the  bufinefs  of  the  legiflature  was  to 
redify  old  laws,,  as  well  as  to  make  new  ones.  Lord 
Paulet  faid,  he  did  not  think  it  for  the  king's  fervice, 
and  intereft  ;  but  before  they  went  any  farther,  they 
ought  to  know  the  fentiments  of  the  people.  His 
lordfhip  urged  that  the  bill  fhewed  a  diftrull  of  the 
aftedions  of  the  people,  without  which  no  king  could 
be  fafe  or  happy  j  that  king  William  had  gained  the 

hearts 

a  7/W.    I,   4^0, 


136  POLITICAL         Book  III. 

hearts  of  his  people  by  the  triennial  aft;  and  it 
would  look  fomewhat  ftrange,  that  the  moll:  popular 
of  our  laws  fliould  be  repealed  in  a  year  after  the 
protejiant  fucceflion  took  place. 

The  earl  oi  Peterborough  faid.  He  wifhed  he  could 
give  his  vote  for  the  bill ;  but  that  he  could  n(;t  be  tor 
a  remedy  that  might  caufe  a  greater  evil  5  and  that  if 
this  prefent  parliament  continued  beyond  the  time  for 
which  they  were  chofen,  he  knew  not  how  to  exprefs 
the  manner  of  their  exiftence,  (unlefs  begging  leave 
of  the  venerable  bench,  turning  to  the  bifliops)  he 
had  recourfe  to  the  diftindion  uiedin  the  Athannfian 
creed,  for  they  would  neither  be  made  nor  created^ 
but  proceeding. 

The  earl  of  Nottingham  was  againft  the  bill,  becaufe 
he  thought  it  would  rather  exalperate,  than  quiet 
the  minds  of  the  people;  and  that  though  he  could 
not  affign  the  true  caul'e  of  the  people's  diffatisfadion, 
yet  there  muft  have  been  fome  fecret  caufe  for  itt 
That  he  hoped  people's  difcontent  was  not  fo  great, 
as  had  been  rcprefented;  that  this  bill  fcemed  to  imply 
that  the  affections  of  the  people  were  confined  to  fo 
fraall  a  number  as  the  prefent  houfe  of  commons  f 
that  whatever  reafons  may  be  given  for  continuing 
this  parliament  for  four  years  longer,  would  be  atleaft 
as  ftrong,  (and  by  the  condudt  of  the  miniftry  might 
be  made  much  ftronger)  for  continuing  it  ftill  longer, 
and  even  for  perpetuating  it ;  which  would  be  an  ab- 
ioXnit  fubverjion  of  the  third  eftate  of  the  realm.  He 
then  hinted  at  thedanger  of  enlarging  the  prerogative, 
and  inftanced  in  the  precedent  of  Henry  Vill.  who 
perfuaded  his  parliament  to  give  him  the  abbey-lands 
under  pretence  that  they  would  bear  part  of  his 
expences,  which  would  cafe  them  of  taxes,  and  im- 
prove 


Chap,  V.       DISQ^UISITIONS.  137 

prove  trade  5  but  that  foon  after  he  demanded,  and 
obtained,  great  fubiidies,  and  rfiade  ufe  of  thole  lands 
to  enjlave  the  people. 

The  duke  of  Argyle  faid,  that  defigns  had  been 
laid  to  bring  in  the  pretender,  long  before  the  king's 
happy  acceffion  to  the  throne  ;  and  that  if  the  confpi- 
rators  had  improved  the  ferment,  at  the  eledti  n  f 
the  lalt  parliament,  it  was  probable  their  wicked 
fchemes  fur  fetting  afide  the  proteftant  fucceffion  had 
taken  place. 

The  biihop  o^  London  faid,  he  was  confounded 
between  danger  and  inconveniences  on  one  fide,  and 
deftrudion  on  the  other.  After  a  debate  of  five  hours  the 
queftion  being  put,  it  was  carried  in  the  atHrmative,  24. 
lords  protefting  againft  pafTing  the  bill,  *  Becaufe  fre- 
quent parliaments  were  the  fundamental  conftitution 
of  the  kingdom,  Beca-jfe  the  houfe  of  commons  ought 
to  bechofen  by  \\\t  people  \  and  when  continued  tor  a 
longer  time,  than  they  were  chofen  for,  they  were 
then  chofen  by  the  parliament^  and  not  by  the  people. 
They  conceived  that  the  bill,  fo  far  from  prevent- 
ing corruption,  would  rather  increafe  it  5  for  the 
longer  a  parliament  was  to  laft,  the  more  valuable, 
to  corruptors,  would  be  the  purchafe.  And  that  all 
the  realons  that  had  been  given  for  long  parliaments, 
might  be  given  for  making  them  perpetual,  which 
would  be  an  ablolute  fubverlion  of  the  third  eftatc  a.* 

In  the  famedebate  in  the  houfe  of  commons  the  court- 
members  faid,  the  feptennial  bill  would  ftrengthen  the 
hands  of  the  king  ;  fettle  and  maintain  the  proteitant 
fuccedion  5  encourage  our  allies  to  depend  upon  us, that 
what  fliall  hereafter  be  ftipulated  ihaii  be  perfoanedj 

Vol.  I.  T  would 


a  Des.  Lords,  iii,  27. 


138  POLITICAL  BookllL 

would  break  our  parties  and  divifions,  and  lay  a  folid 
foundation  for  future  happinefs.  And  (ince  the  pre- 
fent  parliament  have  exerted  themfelves  for  the  public 
good,  why  fhould  they  not  continue  longer  together, 
that  they  may  finifh  what  is  fo  happily  begun  ? 

The  oppofiiion  denied  '  that  the  people  were  dif- 
affcded,  faid  the  parliament,  that  had  done  fo  great 
things,  were  but  little  more  than  a  year  old,  and 
that  nobody  could  imagine  that  difcontents  (if  there 
were  any)  would  laft  the  remainder  of  their  term, 
under  fo  wife,  fo  unerring,  fo  pacific  an  admini- 
ftration  as  they  then  enjoyed.  Was  the  frame  of  our 
conftitution  to  be  altered,  before  our  allies  would 
favour  us  with  their  friendflhip  ?  That  was  an  argu- 
ment very  improper  to  be  urged  in  a  Britifh  parlia- 
ment. It  was  acknowledging,  that  the  king  dares 
not  trufl:  the  people  in  a  new  choice.  It  is  a  dif- 
honour  to  this  houfe  ^  for  it  fuppofes  that  another 
houfe  of  commons  would  adl  differently  from  the 
prefent,  which  is  to  confefs,  that  this  houfe  does 
Eot  truly  reprefent  the  people.  The  truft,  they 
faid,  was  triennial ;  and  if  it  was  continued  longer, 
from  that  inftant  they  ceafed  to  be  the  truftees  of 
the  people,  from  that  inftant  they  afted  by  an 
affumed  power  and  ereded  a  new  conftitution  j  and 
though  it  is  a  received  maxim.  That  the /^//jrc'/;^^ 
legiflatuie  cannot  be  bounds  yet  it  muft  be  under, 
ftcod  that  it  was  reftrained  from  •  fubverting  the 
foundations  on  which  itfelf  ftcod.  And  now  after 
above  an  hundred  millions  given  by  the  people,  in 
order  to  preferve  their  old  form  of  government,  a  bill 
is  fent  from  the  lords,  which  if  it  paffes,  muft  expofe 
us  again  to  the  greateji  of  dangers,  which  is  that  of  a 
hng    parliament.       In    the    penfioued    parliament, 

the 


Chap.  V.         DISQUISITIONS.  139 

the  means  of  temptation  in  the  minifter*s  hands  were 
not  lb  great  as  they  now  are^  the  civil  lift 
nigh  double  to  what  it  then  was;  and  the  depen- 
dence on  the  crown  greatly  enlarged  by  reafon  of  the 
increafe  of  officers  for  managing  the  public  funds. 
What  influence  thefe  may  have  upon  an  exhaufied 
nation,  under  the  terror  which  40,000  regular  troops 
carry  with  them,  is  eafily  foieleen.  Can  the  lords 
think  us  fo  ungrateful,  as  to  join  in  the  deftrudion  of 
the  power  that  rajfed  us 5  and  why  cannot  we  con- 
tent ourfcives  with  proceeding  in  the  common  me^ 
thods,  which  the  ufage  of  many  ages  juftifies  V 

It  was  refolved  however,  284  againft  162,  that  the 
bill  be  committed. 

What  follows  is  taken  from  Ilutchefon^  fpeeches 
on  the  fame  occafion  ^  «  If  we  Ihould  give  our  con- 
fent  to  the  paffing  of  the  bill  before  us  into  a  law, 
we  (hould  be  guilty  of  a  moil  notorious  breach  of  the 
truft  repofed  in  us,  by  thofe  who  fent  us  hither, 
and  ihould  make  a  very  dangerous  ftep  towards  the 
undermining  of  that  conftitution,  which  our  ancef- 
tors  have  been  fo  careful  to  preferve,  and  thought 
no  expencc  either  of  blood  or  treafure  too  much  for 
that  purpofe,  and  under  which  we  do  yet  enjoy  thofe 
privileges  and  advantages,  which  no  other  nation 
in  the  world  can  at  this  day  boaft  of.  It  mud  be 
agreed,  that  before  the  reign  of  Henry  Vill.  there 
was  no  finale  inftance  of  a  prorogation  of  parliament. 
That  parliaments  had  only  one  feffion,  and  thofe  ge- 
nerally very  (hort  ones,  none  of  which  ever  laiied 
a  year.  That  to  prevent  the  mifchief  of  long  inter- 
vals of  parliament,    it  was  enaded,  in  the   4th  of 

EdwardWl. 


a  Deb,  Com,  VI.    Append.  1—32, 


14© 


POLITICAL  Book  III. 


Edward  III.  that  parliaments  (hould  be  holden  an- 
nually ;  and  this  was  confirmed  by  fubfcqiient  ads 
of  parhament.  And  therefore  1  may  venture  toaffirrn, 
that  by  the  antient  conftitution,  parliaments  were  to 
be  holden  frequently^  and  to  be  of  the  cominuancc 
only  of  one  ieffion,  and  that  theie  was  no  nght 
or  power  in  the  crown  to  prorogue  the  fanie.  I 
wirf)  gentlemen  would  as  generally  concur  that  the 
other  part  which  I  have  mentioned,  and  J  think  have 
made  appear  to  hsve  been  our  antient  conftitution,  is 
as  ablblutely  neceffary  to  ihe  prefervation  of  our  li- 
berties, i  mean  parliaments  of  one  fefTion,  not  only 
frequent  parliaments,  but  frequent  new  parliaments. 
The  thing  indeed  appears  very  evident  to  me,  fo 
evident  that  in  my  opinion  our  liberties  would  not  be 
more,  nay  not  fo  precarious  under  an  abjolute  mo- 
nach,  as  with  a  houfe  of  commons  who  had  a  right 
to  fit  either  for  many  years  together,  or  without  any 
limitation  of  time.  For  'tis  certain  that  a  prince, 
who  had  flood  only  on  the  bottom  of  his  own  abfj- 
lutc  auihority,  fupported  by  a  few  minifters,  and 
fome  troops,  would  ftill  think  himfelf  pretty  much 
upon  his  good  behaviour  towards  the  united  body  of 
his  people  ;  and  would  probably  be  cautious  of  ex- 
erting his  power  in  fuch  a  manner  as  to  give  a  jufl: 
provocation  to  a  general  revolt,  and  fetting  up  another 
in  his  flead ;  but  a  prince,  with  a  parliament  at  his 
devotion,  would  be  infinitely  more  terrible,  and  with 
much  greater  fecurity  might  give  a  loofe  to  every  ex- 
travagancy of  power;  for  when  the  reprefentatives  of 
the  people,  who  are  chofen  by  them  to  be  the  guar* 
dians  of  their  liberties,  can  be  prevailed  on,  for  little 
advantages  to  themfelves,    to  betray  their  truft,  and 

come 


Chap.V.        DISQUISITIONS.  141 

come  into  all  the  meafures  of  a  defigning  miniflry; 
'tis  then,  indeed,  that  the  liberties  of  a  people  are 
in  the  moft  imminent  danger  -,  and  iureiy  there  is 
great  reafon  to  apprehend  that  a  houfe  of  commons 
might  foon  become  very  oblvquiouvs  to  a  minifter,  if 
they  were  to  fit  .for  a  long  period,  or  without  limi- 
tation, and  that  there  were  in  view  no  near  d<^y  of  a 
new  election,  when  the  condud.  of  gentlemen  in  this 
place  would  be  inquired  into  in  their  refpedive 
countries.  1  remember  very  well,  what  an  outcry 
was  raifcd  againft  the  laft  parliament,  on  fufpicion 
only  that  a  repeal  of  the  triennial  adt  was  intended  ; 
and  the;  arguments  againft  it  without  doors,  were  then 
the  Very  fame  with  thofe  which  are  now  urged  a- 
gainii  it  withm  :  what  an  inconfiltency  muft  it  then 
appear  to  fee  thofe  very  gentlemen,  who  were  then 
the  motl  zealous  oppolers  of  fuch  an  attempt,  be- 
come now  the  moil  violent  advocates  for  it  !  And 
will  it  not  alio  in  fomc  meafure  affedt  their  integrity, 
publicly  to  own  that  the  arguments  they  pretended  to 
be  then  influenced  by,  had  not  the  leait  weight  with 
them;  and  thai  the  thing  in  itfeif  was  very  defirable 
when  there  (hould  be  a  good  mmiftry  and  parliament 
in  being,  and  pernicious  only  in  the  then  fituation  of 
affairs  ?  It  was  not  certainly  from  this  confideration 
that  the  late  miniftry  and  parliament  were  diverted 
from  the  attempt :  they  doubtlefs  had  a  very  good 
opinion  of  themselves,  and  were  confirmed  therein 
by  the  voice  of  a  great  majority  of  the  people  ;  and 
which,  by  a  moft  ftrange  and  unaccountable  witch- 
craft, (till  continues  in  their  favour  ;  if  1  may  depend 
upon  what  feveral  who  have  argued  for  the  bill  feem 
to  have  agreed  to  ^.' 

An 

a  DEBt  Com*  vi.  Append.  v« 


143  POLITICAL  Book  III. 

An  attempt  was  made  in  the  year  1734,  for  fhorten- 
ing  parliaments.  On  which  occafion  Mr.  Plumnur 
fpoke  as  follows. 

'  I  wifh  we  would  take  an  example  from  the  crown 
in  one  thing.  We  may  obferve,  that  the  crown 
never  gives  a  place  or  employment  for  life^  or  for 
a  long  term  of  years,  except  fuch  as  cannot  be  other- 
wife  difpofed  of,  and  the  reafon  is  plain  :  were  thefe 
places  given  for  life,  the  grantee  would  then  be  out 
of  the  power  of  the  crown,  and  confequently  would 
not  have  fuch  a  depeiidance  on  it,  as  thofe  perfons 
muft  have  who  enjoy   their  places   duripg  pieafure 

only. In  this  the  crown  ads  wifely,   and  I  wifti 

we  would  follow  the  example  :  when  i  fay  we^  I 
fpeak  of  the  gentlemen  prefent,  not  as  members  of 
this  houfe,  but  as  a  part  of  the  people  of  Great  Bri^ 
tain:  it  would  certainly  be  the  height  of  wifdom  in 
the  people  to  keep  thofe  they  truft  and  employ  in 
their  fervice  as  much  in  x\\q\v  power  as  poffible.  If 
thofe,  the  people  chufe  to  reprefent  them  in  this 
houfe,  were  to  continue  in  that  ftation  only  during 
iht  pieafure  of  the  people,  the  repreientatlves  would, 
I  believe,  have  a  proper  regard  for  the  interefts  of 
the  people,  and  would  never  think  of  throwing  off 
all  dependance  upon  them  ^.' 

*  As-  bribery  and  corruption,  fays  Mr.  Wynne^  in 
the  fame  debate,  is  a  natural  conlequence  of  long 
parliaments,  as  it  muft  always  increaie  in  proportion 
as  the  term  for  the  parliament's  continuance  is  pro- 
longed, 1  am  perfuaded^that  all  thofe  who  are  againft 
bribery  and  corruption  will  join  with  me  in  voting 
for   the   reftitution  of  triennial    parliaments.     It   is 

not 


aDEB.  Com.  viii.  175 


Chap.  V.         DISQUISITIONS.  143 

not  the  expence  of  an  eledlion  that  country  gentle- 
men are  to  be  afraid  of;  the  moft  extravagant  enter- 
tainments, that  a  ftranger  in  the  country  could  give, 
would  have  but  little  v^eight,  if  to  thefe  he  did  not 
add  downright  bribery ;  and  even  then  bribes  muft 
be  fo  high  as  to  overballance  the  natural  intereft  of 
the  country  gentlemen,  as  well  as  the  honefty  of  the 
greateft  part  of  theeiedors  :  as  thefe  bribes  cannot  be 
made  fo  high  for  a  triennial  parliament,  as  they  may 
for  a  feptennial,  tlicy  cannot  be  fo  prevalent  antong 
the  eledors ;  and  therefore  a  gentleman,  who  ds- 
pendb  upon  nothing  but  his  natural  intereft,  will 
always  have  a  better  chance  for  reprefenting  his 
country  in  a  triennial  parliament  than  he  can  have 
in  one  which  is  to  continue  for  ititw  years ;  for 
which  reafon  I  cannot  but  think  that  any  gentleman 
who  has  a  mind  that  his  pofteriry  fhall  depend  for 
their  ieats  in  parliament  upon  the  natural  intereft 
they  may  have  in  their  refpedive  countries,  and  not 
upon  the  frowns  or  the  favours  of  the  minifters  for 
the  time  being,  muft  neceffarily  be  for  our  retuining 
to  @ur  former  conftitution  in  this  refpeft.  This,  Sir, 
is  in  my  opinion  abfolutely  neceffary  ;  and  it  muft 
be  done  foon,  otherwife  country  gentlemen,  tired 
out  with  contending  againft  tliofe  who  purchafe  their 
eledions,  perhaps  with  the  "uery  money  which  the 
country  gentlemen  are  obliged  to  pay  oat  of  their 
eftates  in  public  duties  and  taxes^  will  at  laft  have 
nothing  to  do  but  to  fit  down  and  bemoan  the  fate 
cf  their  country  :  but  the  complaints  will  then  be  to 
very  little  purpofe  :  for  the  doors  of  that  place  where 
the  groans  of  the  people  ought  to  be  heard,  wili 
then  be  Ihut  againft  them :  we  may  depend  on  it, 
that  ihofe^who  obtain   their  feats   in  this  houfe   by 

minifterial 


144  POLITICAL  Book  III. 

minifterral  influence,  will,  while  here,  be  direded 
in  all  their  proceedings  by  the  lame  furt  of  influence, 
and  by  none  other  ^/ 

*  Ever  fince  we  have  h^Afeptennial  parliaments,  our 
ele(!tions  have  been  generally  attended  with  diftradtions 
and  confufi  ns ;  but  I  cannot  allow,  that  this  would 
be  the  cafe  if  they  were  annual^  or  even  triennial  : 
and  I  would  gladly  aflc  gentlemen,  if  before  that  time 
it  was  ever  known  that  the  felicitations  and  conten- 
tiort^  about  eledions  began  two  years  before  the  chuf- 
ing  of  a  new  pailiament,  which  is  known  to  be  the 
cafe  at  prefent  over  the  whole  kingdom,  and  which 
always  muft  necefl^arily  be  the  cafe  j  it  being  natural 
for  men  to  contL:nd  with  more  vigour  and  heat  for 
a  poft  either  of  honour  or  profit,  that  is  to  be  en- 
joyed for  [even  years,  than  for  one  that  is  to  be  held 
but  for  one,  or  tor  three.  Then,  Sir,  as  to  the 
bribery  and  corruption  at  eledions,  I  am  furc  it  has 
very  much  increafed  fince  the  feptennial  law  took 
place.  Jt  is  a  natural  confcquence  of  lengthening 
the  time  of  a  parliament's  continuance  ;  a  conle- 
quence  fo  natural,  that  I  am  furprized  to  find  it 
fo  much  miftaken  as  it  feems  to  be  by  lome  gentle- 
men who  hav^  fpoken  upon  the  ether  fide  of  the 
queft4un.  It  is  certain^  bir,  that  bribery  will  never 
be  made  ufe  of  at  any  eledion,  but  by  a  man  who 
has  not  a  fufficient  natvralxxwtx^Qi  in  the  place  where 
he  declares  himlelf  a  candidate  j  and  by  luch  we 
may  exped  it  will  always  be  made  ufe  of,  as  far  as 
it  can  be  done  with  fafety,  if  the  candidate  has  but 
the  lead  hopes  ot  iucceeding  by  fuch  diihonourabie 
means.  Where  there  happens  a  competition,  every 
ckdor  has  a  natural  byafs  to  vote  for  one  man  rather 

thaa 

a  DfiB.  Com,   viii.     169. 


Chap.V.      DISQJJISITIONS.  145 

than  another.  And  every  eleilor  will  vote  accord- 
ing to  his  natural  byafs,  if  he  is  not  bought  off. 
Whoever  endeavours  to  buy  hini  off,  mud  certainly 
come  up  to  his  pricey  and  this  price  will  be  higher  or 
lower  according  to  the  eledlor's  honour  and  circum- 
fiances,  and  the  natural  byafs  he  has  for  the  other  can- 
didate. A  great  many  men  may  be  perhaps  bought 
off  with  100  or  1000  guineas,  who  if /6^^that  fum 
were  offered  would  fpurn  it  away  with  an  honeft  dif- 
dain.  I  hope,  Sir,  there  are  a  great  many  eledlors 
in  this  kingdom,  whofe  honour  upon  fuch  occa- 
lionSi  is  above  the  power  of  any  fuch  corrupt  temp- 
tations :  but  that  there  are  likewife  a  great  many 
who  may  be  bought,  is  a  fad  which  1  believe  no 
gentleman  in  this  houfe  will  difpute ;  and  in  this 
view  let  us  examine  the  difference  between  triennial 
and  feptennial  parliaments.  Give  me  leave  then  to 
fuppofe  two  gentlemen  fet  up  in  oppoiidon  to  each 
other  for  reprefenting  one  of  our  little  boroughs  in 
parliament;  one  of  them  a  country  gentleman  of  a 
great  natural  intereft  in  the  place  ;  the  other  a  citi- 
zen of  London^  or  a  placeman  not  near  equal  to  him 
in  intereft  j  but  depending  entirely  upon  the  money 
he  is  able  to  lay  out.  Suppofe  the  citizen  or  place- 
man comes  to  a  calculation,  and  finds  that  it  will 
coft  him  at  leaft  3000/.  to  buy  the  country  gentle- 
man out  of  his  intereft  in  that  borough  3  if  the  par^ 
liament  were  to  continue  but  for  three  years,  he 
would  very  probably  refolve  not  to  be  at  fuch  an 
expence,  and  fo  would  refrain  from  being  guilty  of 
the  crime  of  corrupting  his  countrymen  ;  but  when 
the  parliament  is  to  continue  for  feven  years,  he  may 
as  probably  re/blve  to  be  at  that  charge.  Thus  by 
Corruption  he  may  get  a  feat  in  this  houfe,  and  it 
Vol.  I,  U  is 


146  POLITICAL  Book  III. 

is  to  be  feared  that  he,  who  comes  in  by  corruption, 
will  hot    walk  out  with  clean  hands.     Gentlemen 
are    very    much  miftaken  if  they    imagine  that  the 
price   of  an  eledor  depends  upon   the   duration    of  a 
parliament,    or   that   a  man   who  fells  his   vote  for 
ICO  guineas  at  an  eledtion  for  a  feptcnnial  parliament, 
would  fell   his  vote  for  the  half  of  that  fum,  if  the 
parliament  to  be  chofen  were  to   continue    only  for 
three  years.     No,  Sir,  there   are   very  few    of  this 
fort  of  electors  who  think   of  futurity  5  the  prefent 
offer  is  the  temptation,  and  the  only  temptation  which 
can  be  of  any  weight  with  them.    Befides,  they  can- 
not depend  upon  having  the  like  offer  made  them  at 
the  next  eledionj  and  50  guineas  ready  money  with 
an   uncertain  hope  of.  having   50   more    three  years 
hence,  is  not  furely,   fo  great  a  price,  as  100  guineas 
ready  down.     The   natural    intereft    of  the   country 
gentleman,    and  the  honour  of  the  eledors,  are  what 
the  dealers   in  corruption  have  to  contend  with  ^  and 
againft  thefe  a  fmall  price  cannot  be   fo  prevalent  as 
one  a  little  higher.     Some  may  perhaps  be  corrupted 
by  a   friiall  price ;  but  certainly  the   higher  it  is,  the 
greater  will  the  numbers  be  that  are   tempted  to  yield 
to  it ;  and  as  a  man  may  give  a  higher  price  at  the 
eledtion  for  a  feptennial  parliament  than  he  can  do  at 
one  for  an  annual  or  triennial,    therefore  the  greater 
the  numbers  will  be  of  thofe  who  yield  to  his  temp- 
tation, the  more  he  may    depend  upon  corruption ; 
and   the  more  it   is  to  be   depended  on,  the  more 
general  and  the  more  frequent    will    it  certainly   be. 
From  hence   it  appears  evident,  that   the  increafe  of 
bribery  and  corruption  is  as  natural  a  confequence  of 
feptcnnial  parliaments,  as  any  one  thing  can  be  con- 
ceived to  be  the  confequence  of  another.     There  is 
no  way,    Sir,    of  eftedually   preventing  corruption, 

*  but 


Chap.  V.        DISQUISJTION8,  147 

but  by  putting  it  out  of  the  power  of  any  man  to 
corrupt :  there  is  no  corrupting  any  man  but  by  com- 
ing up  to  his  price  ;  therefore  the  only  way  of  put- 
ting it  out  of  the  power  of  any  man  to  corrupt,  is  to 
put  it  out  of  the  power  of  any  man  to  come  up  to 
the  price  of  any  number  of  eledors;  and  this  can 
only  be  done  by  making  our  eledtions  frequent :  the 
more  frequent,  the  better.  It  is  certain,  a  gentle-^ 
man,  who  enjoys  a  good  penfion  for  fevcn  years,  is 
more  able  to  give  a  high  price,  than  if  he  had  en- 
joyed that  penfion  but  for  one  year  or  even  for  three  ; 
and  he  will  more  willingly  give  a  high  price,  when 
he  is  thereby  to  purchafe  the  continuance  of  the  pen- 
fion for  fcven,  than  for  one,  or  for  three.  This,  Sir, 
is  fo  evident,  that  I  am  aftonifhed  to  hear  it  contro- 
verted within  thefe  walls.  If  our  parliaments  were 
annual,  it  would  be  impoffible  for  place-men  or  pen-* 
fioners  to  fave  as  much^^^r/y  as  would  be  fufficient 
to  bribe  country  gentlemen  out  of  their  intereft,  and 
the  eledors  out  of  their  honefty,  which  I  am  afraid 
is  a  pradice  now  too  frequent  in  qpany  parts  of  this 
kingdom.  How  can  it  otherwife  be  imagined,  the 
people  would  chufe  perfons  they  never  faw,  perfons 
they,  perhaps  ne'oer  heard  of y  in  oppofition  to  gentle- 
men who  live  in  the  neighbourhood  -^  gendemen 
who  give  them  daily  employment,  by  buying  in  their 
(hops  and  markets  all  th^  manufactures  and  provifions 
they  have  ufe  for  in  their  families,  and  gentlemen 
whofe  anceftors  have  perhaps  often  rcpreiented  that 
very  place  in  parliament  with  great  honour  and  uni- 
verfal  approbation  ? 

Sir  William  Wyjidhaniy  in  the  fame  debate,  fhews 
the  evil  of  long  parliaments  in  t?;?^  view  as  follows. 
'  Let  us  fuppofe  a  gentleman  at  the  head  of  the  ad-* 
minijtrationy    whofe  only  fafety  depends   upon   cor- 
rupting 


148  POLITICAL  Book  III. 

rupting  the  members  of  this  houfe.     This  may  now 
be  only  a  fuppofition,  but  it  is  certainly  fuch  a  one  as 
may  happen  ;  and  if  ever  it  fhould,  let  us  fee  whether 
fuch  a  minifter  might  not  promife  himfelf  more  fuc- 
cefs  in  a  feptennial  than  he   could  in  a  triennial  par- 
liament.    It  is  an  old   maxim,  That  every  man  has 
his  price,  if  you  can  but  come  up  to  it.     This  I  hope 
does  not  hold  true  of  every  man ;    but  I  am   afraid 
it  too  generally    holds   true  i    and  that   of  a  great 
many   it  may   hold   true,    is  what    I    believe    was 
never  doubted  Qi  y    though  I  don't  know  but   it  may 
now  he  dented:  however  let  us  fuppofe  this  diftrefled 
minifter  applying  to  one  of  thofe  men  who  has  a  price, 
and  is  a  rnember  of  this  houfe.     In  order  to  engage 
this  member  to  vote  as  he  (liall  diredl  him,  he  offers 
him  a  penfion  of  jooc/.  a  year  :  if  it  be  but  a  triennial 
parliament,  will  not  the  member  immediately  con- 
iider  thus  within  himfelf,  if  I  accept  of  this  penfion, 
and  vote  according  to  diredion,  I  (hall  lofe  my  cba- 
raBer  in  the  country  -,  I  (liall  lofe  my  feat   in  parlia- 
ment the  next  el^ion,  and  my  penfion  will  then  of 
courfc  be  at  an  end ;  fo  that  by  turning  rogue  I  fhall 
get  but  3000/.     This  is  not  worth  my  while.     And  fo 
the  minifter  muft  either  offer  him  perhaps  the  double 
of  that  fum,  or  otherwife  he  will  probably  determine 
againft  being  corrupted.    JBut  if  the  parliament  were 
feptennial,  the  fame  man  might  perhaps  fay  within 
himfelf,  I  am  now  in  for  feven  years.     By  accepting 
of  this  penfion  I  ihall  have  at  leaft  700c/.      This  will 
fet  me  above  contempt  -,    and   If  1  am  turned  out  at 
next  eledion,  I  do  not  value  it.     Til  take  the  money 
in  the  mean  time.     Is  it  not  very  natural  to  fuppofe 
ail  this,  Sir  ?  And  does  not  this  evidently  (hew  that  a 
wicked  minifter  cannot  corrupt  a  triennial  parliament 

with 


Chap.  V.        D I S  QJJ  I  S  I  T  I  O  N  S.  149 

with  the  fame  money  as  he  may  a  feptennial  ?  Again, 
fuppofe  this  minifter  applies  to  a  gentleman  who  has 
purchafed,  and  thereby  made  himfelf  member  for  a 
borough  at  the  rate  of  perhaps  1500/.  befides  travel- 
ing charges  and  other  li.tde  expences :  fuppofe  the 
minifter*  offers  him  a  penlion  of  500/.  a  year  to  en- 
gage his  vote ;  will  not  he  naturally  coniider  if  it 
be  a  triennial  parliament,  that  if  he  cannot  get  a 
higher  penfion,  he  will  lofe  money  by  being  a  mem- 
ber ;  and  furely  if  he  be  a  right  burgefs,  he  will 
refolve  not  to  fell  at  all,  rather  than  fell  his  com- 
modity for  lefs  than  it  coft  him  3  and  if  he  finds  he 
cannot  fell  at  all,  he  will  probably  give  over  ftand- 
ing  a  candidate  again  upon  fuch  a  footing  ;  by  which 
not  only  he  but  many  others  will  be  induced  to  give 
(^wr  dealing  in  corrupting  the  eleftors  at  the  next 
eledion.  But  if  it  be  a  feptennial  parliament,  will 
he  not  then  probably  accept  of  the  500/.  penfion,  if 
he  be  one  of  thofe  men  that  has  a  price  ?  Will  he  not 
conclude,  that  for  1500/.  ^  he  may  always  fecure  his 
eledion,  and  every  parliament  will  put  near  2000/.  in 
his  pocket,    befides  reimburfing  him  all  his  charges. 

After  viewing  the  prefent  queftion  in  this  light,  is 
it  pofiible,  Sir,  not  to  conclude  that  feptennial  par- 
liaments, as  well  as  the  eledions  for  them,  muft  al- 
ways be  much  more  liable  to  be  influenced  by  cor- 
ruption, than  triennial,  or  the  eledions  for  them, 
&c.'     Afterwards  he  goes  on  as  follows : 

Suppofe,  bir,  that  the  generality  of  the  eledors 
in  Bnglarid  have  virtue  enough  to  v^ithftand  a  temp- 
tation of  5  guineas  each,    but  not  enough   to  refift 

the 


a  All  articles  are  enhanced  in  their  prices.     There  are  no  boroughs 
to  be  had  for  1500/.  in  our  times. 


15a  POLITICAL  BookllL 

the  force  of  10  guineas,  one  with  another:  ^is 
it  not  then  much  more  probable  that  the  gentlemen 
who  deal  in  corruption  may  be  able  to  raile  as  much 
money  once  every  feven  years  as  will  be  fufficient  to 
give  I  o  guineas  each  one  with  another  to  the  generality 
of  the  eledors,  than  that  they  will  be  able  to  raife 
fuch  a  fum  once  in  every  three  years.  And  is  it  not 
from  thence  certain,  that  the  virtue  of  the  people 
in  general  is  in  greater  danger  of  being  deftroyed  by 
feptennial  than  by  triennial  parliaments  ?  To  fup- 
pofe,  Sir,  that  every  man's  vote  at  an  election  is 
like  a  commodity,  which  muftbe  fold  at  the  market- 
price,  is  really  to  fuppofe  that  no  man  has  any  vir- 
tue at  all :  for  I  will  aver,  that  when  once  a  man 
refolves  to  fell  his  vote  at  any  rate,  he  has  then  no 
virtue  left  -,  which  I  hope  is  not  the  cafe  of  many 
of  our  electors;  and  therefore  the  only  thing  we  are 
to  apprehend  is  left  fo  high  a  price  fhould  be  offered 
as  may  tempt  thoufands  to  fell  who  had  never  be- 
fore any  thoughts  of  carrying  fuch  a  commodity  to 
market.  I  his,  Sir,  is  the  fatal  event  we  arc  to 
dread,  and  is  much  more  to  be  dreaded  from  fepten- 
nial than  from  triennial  parliaments.  If  we  have 
therefore  any  defire  to  preferve  the  virtue  of  our 
people  ',  if  we  have  any  defire  to  preferve  our  confli- 
tution ;  if  we  have  any  defire  to  preferve  our  liber- 
ties, our  properties,  and  every  thing  that  can  be 
dear  to  a  free  people,  we  ought  to  reftore  the  trien- 
nial law  ',  and  if  that  be  found  too  infignificant,  we 
ought  to  abolifli  prorogations,  and  return  to  annual 
eledions.— Afterwards  he  adds  what  follows  j 

The  crown,  either  by  ill  management  or  by  pro- 
digality and  profufenefs   to  its  favourites,  has  fpent 
or  granted  away  all  its  eftates,  and   the   public   ex- 
pence 


Chap.  V.         DISQUISITIONS-  351 

pence  is  fo  much  enlarged,  that  the  crown  mud  have 
annual  fupplies,  and  is  therefore  under  a  neceffity 
of  having  the  parliament  meet  every  year;  but  as 
new  eledionsare  always  dangerous,  as  well  as  trouble- 
fome  to  the  minifters  of  ftate,  they  are  for  having 
them  as  feldom  as  poflible;  fo  that  the  complaint  is 
not  now  for  want  of  frequent  meetings  or  fijjions 
of  parliament,  but  againft  fiaving  the  fame  parlia- 
ment continued  too  long.  This  is  the  grievance 
now  complained  of;  this  is  what  the  people -want 
redrefled  ;  it  is  what  they  have  a  right  to  have  re- 
drefled.  The  members  of  parliament  may  for  one 
year  be  looked  on  as  the  real  and  true  reprefenta-» 
tives  of  the  people ;  but  when  a  minifter  has  i^v^xi 
years  to  pradlife  upon  them,  and  to  feel  their  pulfes, 
they  may  be  induced  to  forget  whofe  reprefentatives 
they  are;  they  may  throw  of  all  dependance  upon 
their  electors,  and  may  become  dependants  upon  the 
crown,  or  rather  upon  the  minifter  for  the  time 
beings' 

Sir  y.  St.  Aubyn  obferved,  in  the  fame  debate,  that 
parliaments  were  generally  annual,  but  never  longer 
than  triennial,  till  Hen.  VIII.  (an  obftinate  tyrant, 
who  broke  through  all  the  laws  of  God  and  man, 
when  they  flood  in  the  way  of  his  ambition,  avarice, 
or  luft)  introduced  long  parliaments,  as  proper  means 
for  enllaving  the  nation.  Sir  John  gives  an  account 
much  too  favourable  of  Ch.  lft*s  charad:er,  and  of 
his  hatred  to  parliaments.  C/&.  11.  would  have  laid 
parliaments  afide;  but  could  not.  Therefore  he  con- 
trived to  debauch  them.  And  his  long  penfioned- 
parliament  will  be  infamous  through  all  ages.     *  It 

was 


a  "D^^^  Com.  viii.    i93< 


15a  POLITICAL  Book  IIL 

was  the  mode)/  fays  Sir  'Johuy  from  which,  I 
believe,  fome  later  parliaments  have  been  exadly 
copied/  At  the  revolution,  the  people  claimed  their 
anticnt  right.  The  triennial  kw  was  then  eftaliflied. 
The  feptennial  law  was  intended  only  as  a  prefervative 
againft  a  temporary  inconvenience.  The  inconveni- 
ence being  removed,  the  remedy,  which  was  itfelf  an 
evil,  and  a  violation  of  the  conftitution,  ought  to  be 
removed,  and  the  conftitution  reftored.  Long  par- 
liaments become  independent  on  the  people,  and  de- 
pendent on  the  court.  If  the  members  are  to  deny 
all  power  in  the  people  to  inftrudl  them,  and  are  to 
fit  feven  years  together  voting  as  they  pleafe,  in  fpite 
of  the  people,  how  are  they  a  reprefentatlve  of  the 
people?  And  if  they  may  fit  feven  years,  though  the 
people  have  commiflioned  them  only  for  three,  why 
may  they  not  make  themfelves  perpetual,  like  the 
lords,  and  fet  the  people  afide  ?  The  power  of  the 
crown  is  always  increafing.  Therefore  members 
ought  to  come  frequently  into  the  power  of  their  con- 
ftituents,  that  they  may  be  kept  under  the  conftant 
awe  of  adling  contrary  to  their  intereft.  Dangerous 
attempts  on  liberty  have  been  prevented  by  the  ap- 
proach of  a  general  eledion.  Which  (hews  the  ad- 
vantage of  (hort  parliaments,  which  would  occafion 
general  elections  to  be  always  near.  Long  parlia- 
ments are  an  unjuft  exclufion  of  a  great  number  of 
gentlemen  of  property,  who  ought  to  have  their  turn 
in  ferving  their  country.  Frequent  new  parliaments 
would  be  great  advantage  to  our  kings.  Were  par- 
liaments annual,  a  king  might,  in  the  courfe  of  28 
years,  have  the  advice  of  28  gentlemen,  where  now  he 
has  only  that  of  four.  Short  pailiaments  have  always 
been  lefs  corrupt  than  long  ones ;  becaufe  a  minifler 

muft 


Chap.  V.        DISQJUISITIONS*  153 

muft  have  time  to  lay  his   plans   of  operation,  and 
ered:  his  batteries  againft  the  virtue  of  the  members, 
and  men  are  not  immediately  debauched.    Befides,  the 
fhorter  parliaments  are,  the  lefs  it  is  worth  a  minifter's 
Vhile  to  bribe  the  members,  for  votes  in  the  houfe ; 
becaufe  the  fliorter  time  his   iniquitous  fchemes  can 
ftand  fecurely  if  he  gains  them.     And  this  muft  of 
courfe  lejjen  the  expences,  the  animofities,  and   the 
corrupt  proceedings  of  eledions.     Long  parliaments 
Jirji  introduced  bribery  becaufe  they  were  worth  pur- 
chafing   at  any  rate  ;    country  gentlemen  who  have 
only  their  private  fortunes  to  rely  upon,  and  have  no 
mercenary-ends  toferve>  arc  unable  to  oppofe  corrup- 
tion, efpecially  if  at   any  time    the   public  treafure 
fliall  be  unfaithfully  fquandered  away  to  corrupt  their 
boroughs.     *  Country  gentlemen,  indeed,  may  make 
fome  weak  efforts  j     but  as  they  generally  prove  un- 
fuccefsful,  and  the  time  of  a   frefii   ft ruggie  is  at  to 
gresLtzdi/lance,  they  at  laft  grow  faint  in  the   difpute, 
give  up  their  country  for  loft,   and  retire  in  dejpair. 
Defpair  naturally  produces  indolence^  and  that  is  the 
proper  difpofition  iovjlavery,     Minifters  of  ftate  un- 
derftand  this  very  well,  and  are  therefore  unwilling 
to  awaken  the  nation  out  of  its  lethargy  by  frequent 
eledlions.     They  know  that  thefpirit  of  liberty,   like 
every  other  virtue  of  the  mind,   is  to  be  kept  alive 
only  by  conftant  adion;    that  it  is  impoflible  to  en- 
flave  the  nation,  while  it  is  perpetually  upon  its  guard* 
Let  country  gentlemen  then,  by  having  frequent  op- 
portunities of  exerting  themfelves,  be  kept  warm  and 
adtive  in  their  contention  for  the  public  good.    This 
will  raife  that  zeal  and  indignation  which  will  at  laft 
get  the  better  of  thefe  undue  influences,  by  which  the 
officers  of  the  crown,  though  unknown  to  the  feveral 
boroughs,  have  been  able  to  fupplant  country  gcntle- 
VoL.  L  X      *  mea 


154  POLITICAL  Book  IIL 

men  of  great  charader  and  fortune  who  live  in  their 
neighbourhood.     I  do  not  fay  this  upon  idle  fpecula- 
tion  only.     I  live  in  a  country  where   'tis  too  v/ell 
known,  and  I  will  appeal  to  many  gentlemen  in  the 
houfe,  to  mo?e  out  of  it)  and  who  for  this  very  rcafcn 
are  out  of  it)  for  the  truth  of  my  affertion.     It  is  a 
fore  which  has  been  long  eating  into  the  moil  vital 
parts  of  our  conftitution,    and  1  hope  the  time  w  ill 
come  when  you  will  probe  it  to  the  bottom.     For  if 
a  minifter  fhould  ever  gain  a  corrupt  familiarity  with 
our  boroughs,  if  he  iliould  keep  a  regifter  of  them 
in  his  clofet,  and  by  fending  down  his  treafury  man- 
dates fliould  procure  a  fpurious  reprefenfation  of  the 
people,  the  offspring  of  his  corruption,  who  will  be 
at  all  tintes  ready  to  reconcile  and  juftify  the  moft  con- 
tradidory  meafures  of  his  adminiftration,   and  even 
to  vote  every  crude  undigefted  dream  of  their  patron 
into  a /^x£;  5  if  the  maintenance  of  his  power  lliculd 
become  the  fole  object  of  their  attention,  and  they 
ihould  be  guilty  of  the  moft  violent  breach  of  parlia- 
mentary truft,  by  giving  the  king  a  difcretionary  li- 
berty of  taxing  the  people  without  reftraint   or  con- 
troul ;  the  laft   fatal  compliment  they  can  pay  to  the 
crown  \ — if  this  fliould  ever  be  the  unhappy  circum- 
ftance  of  this  nation,  the  people  indeed  may  complain 
to  the  crown,  but  the  doors  of  that  place  where  their 
complaints  ihould    be  heard,   will  be  for  ever  fliut 
againft  them  \' 

In  the  fame  debate.  Sir  "J.  Hinde  CottoJi  obferved, 
that  the  worjl  of  our  laws  have  been  made  by  fepten- 
nial  parliaments;  as  the  feptennial  ad  itfelf;  the  lawr; 
of  treafon,  by  which  a  fuppoled  traitor  might  bti  tried 
in  any  part  of  the  country  at  the  greateft  diflance  from 

his 


»  Deb.  Com,  vui«  i\u 


Chap.  V.         DISQUISITIONS.  155 

his  friends  and  acquaintance  ;  the  riot-adl ;  the  S.  S. 
adt;  the  plague-adl;  the  excife  fcheme)  which  indeed 
proved  abortive);  to  which  add  the  fmuggling-ad:, 
the  gin-ad;  the  marriage-aa: ;  the  flamp-aa,  6cc; 
&c.  &c. 

*  Long  parliaments'  (fays  Mr.  Bromley,  in  the  fame 
debate)  '  have  in  former  reigns  proved  the  unhappy 
caufe  of  great  calamities  to  this  nation,  and  have  been 
at  all  times  declared  an  innovation  upon  our  confti- 
tutlon.  The  people  looked  upon  the  feptennial  bill 
as  a  dangerous  infringement  upon  their  liberties,  not- 
withftanding  the  pretence  alledged  in  the  preamble 
to  the  ad,  which  feemed  at  that  time  to  carry  feme 
weight  with  it. -That  in  former  times  proroga- 
tions were  unknown,  and  that  as  foon  as  the  bufmefs 
of  a  parliament  was  over,  it  was  diffolved,  and  a  new 
one  called  the  next  year. — That  the  bill  of  rights 
declares,  that  frequent  and  72ew  parliamenca  tend 
very  much  to  the  happy  union  and  good  agreement 
between  king  and  people.—- That  theleptennial  ad  in 
its  preamble  complains  of  the  expence  and  troubl-a 
of  triennial  parliaments,  and  therefore,  very  ab- 
furdiy,  inilcad  of  propofmg  wh.it  would  have  pro- 
duced a  cure,  viz.  the  redudjon  of  parliaments  to 
annualy  propofes  to  aggravate  the  evil  by  lengibming 
their  period.— -That  the  multiplicity  of  places  held 
by  members,  is  a  principal  caufe  of  contefts  and 
expences  about  eledions.— That  long  -parliaments 
are  as  demonftrably  to  the  people's  difadvantage,  as 
it  is  demonftrably  advantageous  to  have  an  arirmiiy 
for  7  years,  rather  than  for  one  a.' 

It  has  been  obferved  by  fome  defenders  of  long  par- 
liaments, that  even  the  long  penfioned  parliament 
under  Ch,  H.  became  more  faithful  to  the  intereft  of 

the 

a  pjss.-  Cow.  viu^i  137. 


156  POLITICAL  BookllL 

the  people,  and  more  intradtable  to  the  court,  at  laft, 
■  than  at  firft.  Sir  J,  Barnard  gives  a  very  fatisfadory 
anfwer  to  this  in  the  fame  "debate  a.  ^  As  to  the 
Jong  parliament  in  king  Charles^  time,  though  they 
did  not  toward  the  end  (hew  the  fame  fervile  com- 
pliance that  they  had  done  many  years  before,  yet 
it  is  plain  that  the  crown  thought  that  parliament 
Jitter  for  the  purpofes  of  the  court,  at  that  time,  than 
they  could  expefi  any  new  parliament  chofen  by 
the  people  to  be  ^  otherwife,  as  the  king  had  it  in 
his  power,  he  would  have  certainly  diffohed  them 
much  fuoner :  and  if  that  long  parliament  really 
delerved  the  name  ufually  given  to  it,  we  muft  con- 
clude that  their  non-compliance  at  laft  was  not 
owing  to  their  virtue,  or  a  want  of  inclination  to 
receive,  but  to  a  want  of  power  in  the  crown  to 
give.  The  people  were  not  then  accuftomed  to  bear 
fuch  heavy  burdens  as  they  do  at  prcfent,  the  reve- 
nues of  the  crown  were  not  fo  large,  nor  the  pofls 
and  places,  at  the  di.pofal  of  the  crown,  fo  nume- 
rous J  there  was  not  fuch  a  formidable  ftanding  army, 
to  fupport  the  parliament,  in  cafe  they  had  gone  on 
in  the  fame  (ervile  method.  And  as  the  complaints 
of  the  people  grew  loud  and  clamorous,  aa  there  was 
little  to  begot  and  a  great  deal  to  be  apprehended, 
by  the  continuance  cf  a  fervile  compliance  with  the 
courts  meafures,  it  is  very  probable  that  thefe  were 
the  true  reafons  of  that  parliament's  becoming  at 
laft  fo  reftive.  If  the  nation  was  now  in  the  lame 
ftate  it  was  at  that  time,  I  fliould  not  be  half  lo  much 
afraid  of  feptennial  parliaments  as  I  think  I  have  now 
good  reafon  to  be.' 

Siryl  Barnard  gives  a  very  good  anfwerto  the  trite 
and  difingenous  objedion  againft  fhort  parliaments, 

which 

HI  ■   II    I  — — ^M— ^— S|^»M 

aDfi£,   Com.  viii.  i8i« 


Chap.  V.       .DISQUISITIONS.  1 57 

which  our  courtiers  are  always  playing  oflF  upon  us. 
The  animofities,  difputes,  and  divifions  about  elec- 
tions, fays  he,  have  been  fet  in  the  moft  dreadful 
light,  and  have  been  reprefented  as  fo  great  an  incon- 
venience, that  we  ought  to  run  the  rifk  of  having 
our  conjiitution  overturned  rather  than  fubmit  to  it. 
But,  Sir,  can*  it  be  imagined  that  there  would  be 
the  fame  contention  for  a  feat  in  parliament  which 
was  to  continue  but  for  one  year,  or  even  for  three, 
that  there  is  for  one  which  is  to  continue  for  feven  ? 
The  example  of  the  city  of  London  plainly  flisws  us 
the  contrary.  As  the  common- council-men  and 
a  great  many  other  officers  in  the  city  are  cholen 
annually^  I  have  had  occafion  to  be  often  preft:nt  at 
thefe  annual  eledions,  and  never  could  find,  that 
they  were  attended  with  any  great  heats  and  animo- 
fities, or  with  any  inconvenience  ;  for  after  the  elec- 
tion, is  over,  the  contending  parties  go  home  and 
live  in  the  fame  friendfhip  they  did  before.  And  I 
am  convinced  the  cafe  would  be  the  very  fame,  if 
annual  eledions  for  members  of  this  houfe  were 
reflored.  The  fame  man  might  perhaps  be  conti- 
tinued  and  rechofen  every  year  for  many  years  toge- 
ther, probably  without  any  difpute  or  oppofition  ; 
but  his  being  liable  every  year  to  be  turned  out, 
would  be  a  continual  check  upon  his  behaviour, 
and  would  make  him  ftudy  the  interefts  of  the  peo- 
ple, inflead  of  purfuing  only  fome  private  and  felfidi 
views  of  his  own.  Even  as  eledions  ftand  at  prefent, 
there  would  be  no  fuch  contentions,  nor  any 
fuch  heats  and  animofities  as  we  hear  of  if  they  were 
entirely  left  to  gentlemen  who  have  a  natural  intereft 
in  the  place  :  in  fuch  cafe,  if  a  candidate  found  him- 
felf  defeated  by  fair  means  only,  and  merely  by  the 
fuperior  intereft  of  his  antagonift,  it  would  not  raife 

his 


158  POLITICAL         Book  IIL 

his  indignation ;  it  would  occafion  no  heats  or  ani- 
molities ;  he  would  wait   with    patience  for  a  new 
opportunity,  and  in  the  mean  time  would  endeavour 
to  recommend  himfelf  to  his  country  by  adls  of  hof- 
pitality  and   benevolence.     It   is    minifters    of   ftate 
intermeddling   in    eleftions ;     it  is    eledion-brokers 
and    fuch    dealers   in    corruption,  that  occafion    all 
the   heats    and    animofuies   we  have  :  for    when  a 
gentleman  of  a  great  natural  intereft  in  a  place  fees 
his  electors  obliged  by  power,  or   bribed  by  money, 
to  vote  againft  him,  perhaps  in  favour   of  an   utter 
ftranger;    it  cannot    but  raife  his   indignation;    it 
may    indeed  be  expedled    to    raife    his  utmoft    fury 
and  revenge.     It   is    certain.  Sir,  that    if  the    peo- 
ple   were    entirely  left   to    themfelves,  they  would 
without  much  contention  always   chufe  thofe  gentle- 
men, who,  by  having  large  properties  of  their  own, 
might  be  reafonably   fuppofed  to  be  fuch  as  would 
take   the  beft  care  of  the    properties  of  their   feljov/ 
fubjects ;  but  if  the  people  (hould   ever  begin  to  fee 
their  reprefentatives  making  their  feats  in  parliament 
places  of  profit,  and    bartering  their  votes  and  their 
behaviour  ia  parliament  for  ports,  places,  and   pen- 
fions ;  the   people  will  foon   follow  the  example  of 
their   reprefentatives,    and  will  infirt    upon    fharing 
with  them  in    the   profits.     Thus,  by  degrees,  the 
minds  of  the  people   will  be  debauched  5  they  will 
be  brought  to   think,  that  the   felling  their  votes  at 
eledlions  is  no    crime ;  the  reprefentatives,  who  buy 
their    feats,  muft*  fell    their  votes;   and  at    laft  all 
regard  for  the    public   good  will   be   generally   laid 
afide  by  all  forts  of  men.    The  only  efFedual  method. 
Sir,  of   preventing    this     fatal    effedl   is    to    reftore 
annual  eledionsi    for  then  it   would   be  impoffible 

even 


Chap.  V.       DISQUISITIONS.  159 

even  for  the  treafury  itfelf,  if  ever  the  public  money 
ihould    come   to  be  fo   mifapplied,   to    iffue    yearly 
funis  of   money    fufficient   to  get   the   better  of  the 
natural   intereft,    which    country-gentlemen    always 
have  in  the  places  where  they  and  their  families  have 
perhaps   for  many  generations   refided.     The  con- 
fequence   of  which   wil  be,  that  none  but  country 
gentlemen,  and  thofe   who  have  a   natural  inteieft 
in   the   place,  will  ever  appear  as    candidates.     And 
thus    neither    the  morals   of  the  people  will  be  de- 
bauched,  nor   their  properties    plundered,  nor  their 
liberties  deftroyed,    by    thofe   eledion-brokers    and 
minifterial  .agents,    or    their  candidates,  who   never 
can  be  employed  or  fet  up  but  for  fuch   bafe  pur- 
pofes.     As   for  our  credit  abroad,  which   it  is    pre- 
tended feptennial  parliaments  very    much  contribute 
to,  I  think  it    is    evident   that  it  has    been  Jinking 
ever  fmce  the  feptemiial  hw  took  place  5  which  con- 
firms what  was    juftly   obferved    by  an    honourable 
gentleman,    That  the  credit  of  the   nation   among 
foreigners     does     not  depend    upon  the    length    or 
lliortnefs  of  our  parliaments,  but  upon  that  corref- 
pondence  and   confidence  which  ought  always  to  be 
kept  up  between  the  king  and   his  people.     I   will 
not  fay,  that  this  decay  of  our  credit  abroad  has  been 
altogether  owing  to  the  feptennial  law,  but   I   dare 
fay,  if  our  parliaments  had  not  been  feptennial,  they 
would  probably   before  now  have   enquired  into  the 
conduct  of  thofe  who  have  been  the  caufes  of  this 
decay  5  and  v/hatever  reafons  the  decay  of  our  credit 
among  foreigners  may  have  been  owing  to,  it  is  now 
come  to  fo  low  an  ebb,  that  we  really  feem  to  have 
almoft  none   to    lofe.     And   as  I  think  nothing  can 
lo  effeflually  reftore  our  credit  abroad  as  the  rcftor- 


l6a  POLITICAL  Book  IIL 

ing   our  conftitution  at  home,  I  fhall  therefore  give 
my  vote  for  the  queftion  a/ 

The  fenfeof  the  city  of  London  on  long  parliaments, 
is  maniteft  from  the  follov^ing  inftrudion  to  their 
member?,  -^.  £).   1741. 

'  When  v^c  refledl  on  the  danger  of  entrufting 
power  too  long  in  the  fame  hands ;  when  we  con- 
fider  how  often  in  former  times  the  liberty  of  this 
country  has  been  facrificed  and  fold  by  long  conti- 
nued parliaments  5  and  that  a  frequent  reccurfe  to 
(heir  conftituents,  the  people,  is  a  certain  and  ne- 
ceffary  check  to  bad  meafures  and  worfe  intentions ; 
we  require  you  to  prolecute  in  the  mod  vigorous 
manner  a  repeal  of  the  feptennial  acft,  and  to  redore 
the  falutary  form  of  triennial  parliaments,  as  the 
principal  means  of  fecuring  the  rights,  and  fupport- 
ing  the  dignity  of  a  free  nation  ^  / 

In  the  debate  on  the  motion  for  annual  parliaments, 
j4,  D.   1744  Mr.  Thomas  Carew  argued  as  follows; 

*  Sir,  the  members  of  this  houfe  are  the  great 
and  general  inqueft  of  the  nation.  We  are  to  take 
notice  of,  and  to  take  proper  methods  for  redreffing 
all  the  grievances  that  occur,  whether  they  be  fuch 
as  relate  to  the  kingdom  in  general,  or  fuch  as 
relate  to  the  particular  counties,  cities,  or  boroughs 
we  reprefent.  Now  as  grievances  are  almoft  an- 
nually occurring,  and  as  fome  grievances  are  the 
more  difficult  to  be  -removed,  the  longer  they  con- 
tinue; therefore  it  is  neceffary  we  fhould  vifit  our 
conftituents  at  leaft  once  a  year,  to  know  their  lenti- 
ments,  and  to  examine,  upon  the  Ipot,  the  grie- 
vances they  complain  of.  But  this  is  not  to  be 
expeded,  unlefs  you  make  the  eledions  annual ;  for 

we 

a.D**.  CoMM.  VIII.     i8i.  b  Ibid.  xiii.      16. 


Chap.  V,       DISQUISITIONS.  i6i 

we  find  by  experience  that  after  gentlemen  are  oncd 
chofen  for  a  long  term  of  years,  they  fix  their  abode 
in  this  city,  and  feldom  revifit  their  conftitaents, 
till  it  becomes  neceffary  for  them  to  go  down  to 
follicit  their  votes  at  a  new  eledtion.  Nay,  fince 
the  eftablifliment  of  feptennial  parliaments,  we  have 
often  had  gentlemen  in  this  houfe  who  never  Jaw 
the  borough  that  fent  them  hither,  nor  knew  any 
thing  of  its  conftitution  or  intereft  5  perhaps  could 
not  recoiled  its  name,  till  they  looked  into  the 
printed  lifts  of  parliament  for  their  own  name,  and 
there  found  they  reprefented  fuch  a  borough.  An- 
other part  of  our  bufinefs,  Sir,  is  to  reprefent  to  our 
fovereign  the  fentiments  of  our  contiitucnts  with 
regard  to  the  meafures  he  is  advifed  by  his  minifters 
to  purfue,  as  well  as  the  perfons  he  employs  in  the 
executive  part  of  government.  If  we  ever  think  of 
doing  this  faithfully  and  fincerely,  vve  muft  vifit 
tour  conftituents  at  leaft  once  a  year,  becaufe  every 
year  produces  fome  new  meafure,  and  every  year 
fome  new  perfons  are  introduced  into  public  bufinefs. 
This  I  fay  is  another  part  of  our  duty,  and  when  it 
is  faithfully  aad  fincerely  performed,  it  is  of  great 
advantage  to  the  prince  upon  the  throne,  becaufe 
it  prevents  his  being  led  on  in  a  track  of  unpopular 
meafures,  till  both  he  and  his  minifters  are  .over- 
whelmed in  the  torrent  of  popular  refentment,  which 
often  happens  in  arbitrary  countries,  where  the 
prince  is  tumbled  headlong  from  his  throne,  before 
he  knows  any  thing  of  his  having  purfued  unpopu- 
lar or  wrong  meafures  5  whereas,  had  he  had  timely 
.  information,  he  might  have  reftored  himfelf  to  the 
love  and  affedlion  of  his  fubjeds,  by  making  a  juft 
facrifice  of  his  wicked  counfellors  to  the  refentment 
of  his  opprefled  people.  As  the  prince  can  have  no 
Vol.  I.  Y  intereft^ 


i62  POLITICAL  Booklfl. 

intereft,  feperate  from  his  people  ;  his  intereft,  if  he 
rightly  confiders,  mufl  lead  him  to  gain  the  love 
and  efteem  of  his  people,  and  to  avoid  every  thing 
that  may  give  them  difcontent,  It  is  therefore  his 
intereft  to  have  always  a  houfe  of  commons,  that 
knows,  and  will  faithfully  and  fpeedily  reprefent  to 
him  the  complaints  and  grievances  of  his  people. 
But  this  is  diredtly  oppolite  to  the  intereft  of  his 
minifters.  In  all  countries,  and  in  this  as  much 
as  any  other,  minifters  have  an  intereft  feparate  from 
that  of  the  people.  They  are  for  enriching  them- 
felves,  their  [families,  tools  and  fycophants,  at  the 
expence  of  the  people ;  and  it  iS  their  bufmefs  to 
keep  all  the  avenues  to  the  throne  fhut  up  againft 
the  complaints  of  the  people,  left  the  prince  (hould, 
as  every  wife  one  will,  facrifice  them  to  his  own 
fecurity.  Minifters  muft  therefore  be  for  having 
always  a  houfe  of  commons,  that  either  does  not 
know,  or  -will  not  faithfully  reprefent  to  their  fove«- 
reign,  the  complaints  and  grievances  of  the  people  5 
and  as  we  are  much  more  affedted  with  what  we 
fee  than  with  what  we  hear  of,  it  is  the  bufinefs  of 
a  minifter  to  prevent  the  members  of  this  houfe^  if 
poffible,  from  ever  feeing  their  conftituents ;  becaufe 
the  lefs  we  are  affeded  with,  the  more  eafily  we  may 
be  prevailed  on  to  conceal  from  our  fovereign,  or 
even  to  mifreprefent  to  him  the  complaints  of  the 
people.  Thus,  Sir,  it  is  apparently  the  intereft  of 
the  kingy  it  is  apparently  the  intereft  of  the  country^ 
to  \i2M^Jldort  parliaments  and  frequent  general  elec- 
tions ;  but  it  is  apparently  the  intereft  of  minijiers, 
efpecially  wicked  minifters,  to  have  parliaments  as 
long  and  general  eledtions  as  feldom  as  poffible  ^Z 

It 


a  ^/«.  Deb.  Com.  11.  i 


Chap.  V.         D  I  S  Q  U I  S  I T  I  O  N  S*  163 

It  was  argued  by  Mr.  Carew,  in  the  fame  debate, 
that  it  would  be  very  imprudent  for  a  private  perfon 
to  give  a  power  of  attorney  for  a  long  time,  when  he 
vmghi  iov  2i  fiort ;  that  it  is  equally  imprudent  for" 
the  people  to  give  parliament  a  power  of  attorney  for 
7  years,  when  they  may  reftridt  it  to  three,  or  to 
one  a. 

Mr.  Sydenham,  in  the.  fame  debate,  (hews,  that 
long  parliaments  produce  and  increafe  corruption  of 
manners  in  the  people.  That  the  virtues  of  both  pa- 
triotic and  military  courage  are  overlooked  and  unre- 
warded by  a  corrupt  miniftry,  and  parliajnentary  in- 
tereft,  and  ufefulnefs  in  carrying  on  their  dirty 
fchemes,  only  taken  notice  of  at  court ;  [fo  that  the 
way  to  our  modern  temple  of  honour  is  through  the 
temple  of  corruption.]  That  the  old  Engltjh  hofpi- 
tality  is  deftroyed  by  gentlemen's  taking  up  their  re-' 
fidence  at  London,  where  they  are  in  the  way  of  hang- 
ing upon  the  minifter,  and  waiting  at  the  catch  f<3i' 
places  as  they  fall.  That  their  country  feats  are  thus 
left  defolate,  and  the  land  is  become  a  defart.  That 
long  parliaments,  and  confequent  corruption,  ftrike  at 
the  very  root  of  moral  honejly.  For  what  is  foHciting 
for  a  vote,  but  gravely  propofmg  to  a  man  to  declare 
himfelf  a  raJcaH  And  what  is  a  man  without  probity, 
or  a  woman  without  chaftity  ?  Whoever  has  forfeited 
his  or  her  charader  in  thcfe  cardinal  articles,  we  na- 
turally fuppofe  capable  of  every  fpecies  of  vice. 
That  elecftioneering  deftroys  all  frugality  and  indujiry 
in  the  people,  and  makes  them  negled:  their  lawful 
employments  to  go  a  madding;  which  would  not  be, 
if  parliaments  were  fbortcned,    hecaufe  it  would  not 

♦  be 


Ahn,  Deb,  Com,  ii.  i> 


l64  POLITICAL  Book  III; 

be  worth  while  to  make  a  conteft  about  an  elcdion, 
■.&c. 

Lord  Hill/borough,  in  the  debate  on  the  regency- 
bill,  A.  £),  175 1>  ifi  which  it  was  propofed,  that  the 
parliament  which  (hould  be  fitting  at  the  demife  of 
Geo.  II.  fhould  fit  three  years  after  the  acceffion  of 
his  prefent  majefty,  fpoke,  on  that  claufe,  as  follows  ; 
*  It  is  a  meafure  at  no  time  ehgible ;  in  the  prefent 
time  it  may  be  dangerous.  It  has  been  advanced, 
that  parliaments  have  a  power  and  right  to  prolong 
their  duration,  and  that  the  falus  popuili  frequently 
requires  it.  But  I  do  abfolutely  deny  that  a  par- 
liament has  any  legal  power,  or  right,  to  prolong 
the  time  limited  by  law  without  the  confent  of  the 
electors,  or  people^  who  fent  them  to  parliament, 
and  whofe  reprefentatives  they  are  ;  and  1  do  fay, 
and  do  infift  upon  i^,  that  whenever  parliaments 
do  take  upon  themfelves  to  prolong  the  time  of  their 
duration,  fuch  prolongation  is  an  injringement  of 
the  liberty  of  the  eledors  in  a  moft  effential  part, 
and  tends  to  deftroy  that  freedom  which  they  were 
chofen  to  defend.  For  liberty  never  was,  nor  ever 
will  be,  preferved,  unlefs  thofe  who  have  the  powers 
of  the  people  delegated  to  them  be  frequently  re- 
moved. It  was  by  the  frequent  rotation  and  change 
of  magiftracy  in  all  countries  of  the  world,  that  free- 
dom and  independency  hath  been  preferved. — It  is 
upon  this  principle  we  find  the  people  of  England  at 
all  times  crying  out  iov  frequent  parliaments.  And  I 
am  fure  if  ever  frequent  parliaments  were  neceflary, 
they  are  efl'enyally  fo  in  the  prefent  times  a/ 

In  the  year  1759,    it  was  moved,    that  leave  be 

given  to  bring  in*a  bill  for  fliortening  the  term  and 

^  dura- 


a  Jbu  Deb.  Com.  14.  357« 


Chap.  V.        DISQUISITIONS.  165 

duration  of  parliament  ^.     The  motion  was  rejected, 
becauie  it  was  a  time  of  war.     A  frivolous  reafon. 
All  times  are  proper  for  doing  what  is  proper.     If  a. 
nation  is  at  peace,  eftablifli  that  peace,  by  redrefling 
grievances.  If  the  times  are  troublefome,  nothing  will 
contribute   more   to   quiet  them,      than   corredling 
abufes.     *  It  muft  be  granted')  fays  a  member  of  the 
commons  on  that  occafion)  *  that  bribery  and  corrup- 
tion  in  eledions   muft  always  be  the  neceffary  con- 
fequences   of  long    parliaments,  and  that  if  bribery 
and  corruption   in  eledlions  be  not  put  an   end  to, 
they  will  put  an   end  to   our  conftitution,  and   efta- 
blifli  in  this  nation  the  very  word  fort  of  government 
that   was    ever    in    any    country   efi:abli(hed.     For 
gentlemen  will  foon  find  out,  if  they  have  not  found 
it  out  already,  that  it   can   fignify  nothing  to  ftand 
candidates  for  members  of  parliament   in  oppofition 
to  the  minifiers   for  the    time  being ;  becaufe,  tho* 
zfew  of  them  by  their  popularity,  their  hofpitality, 
and  their  great  expence   at  the  time  of  the  eledions, 
may  get   themfelves   chofen,    yet    the  minijlers,  by 
bribery   and   corruption,  will  always  procure  a  ma- 
jority  of  their  friends  to  be  cleded,  or  at  leaft  returned, 
for  the    next  enfuing  parliament,  fo  that   no  man, 
who   fets  up    upon    a  truly    patriotic    fcheme,  can 
thereby   propofe  to  do  his  country   any  real  fervice. 
And  when  this  comes  to  be  the  general  opinion,  no 
man,  who  is  governed  fingly  by  a  fincere  love  for  his 
country,  will  ever  think  of  Handing  a  candidate  at 
any   eledion.      On   the    contrary,    fuch    men    will 
always  avoid  being  chofen,  that  they  may  not  expofe 
thctnfelvds  to  the  refentment  of  the  court,  without 

being 


aLoND.    Mac.  M«y,  1759,  p.  236. 


i66  POLITICAL  Book  III. 

being  thereby  able  to  ferve  their  country.  Contefted 
elections  may  fometimes  happen  5  but  it  will  never  be 
about  who  (hdW  ferve,  but  about  who  (hM/ell,  their 
country.  Confequently  it  is  evident,  that  bribery 
and  corruption  at  eleciiom  muft  at  laft:  bring  on 
bribery  and  corruption  in  the  houfe.  Can  we  expedl 
that  a  corrupt  parliament  will  ever  refufe  to  grant 
the  crown  what  number  of.  ftanding/cra^i-,  or  what 
public  revenue^  the  minifters  for  the  time  being  may 
pleafe  to  infifton  ?  Thus  we  ihall  at  laft  be  brought 
under  that  very  form  of  government  which  was 
eftablifhed  at  Rome  under  their  firft  emperors,  that 
is  to  fay,  an  abfolute  monarchy  fupported  by  a  cor- 
rupt parliament  and  a  mercenary  armv ;  and  the 
hiftory  of  the  Roman  empire,  from  its  firft  eftablifh- 
ment  to  its  utter  extinction,  muft  convince  us,  that 
it  is  the  very  worft  form  of  goverment  that 
ever  was  invented  ^  for  from  thence  we  may  learn 
that  fuch  monarchs  as  the  Roman  emperors  may 
facrifice  the  public  intereft  to  their  private  paffions 
more  openly,  and  may  commit  more  whimfical  cru- 
elties under  the  .  form  of  law,  than  any  arbitrary 
monarch  dare  venture  upon  3  and  that  fuch  a  par- 
liament will  always  be  more  factious  under  a  good 
prince  than  under  a  wicked  and  tyrannical  one  1 
becaufe  the  former  will  difdain  to  facrifice  the  pub- 
lic fervlce  folely  to  parliamentary  merit,  or  to  fquan^ 
der  the  public  money  in  bribing  the  eledors  or  the 
members,  both  which  the  latter  will  always  do  with- 
out meafure  or  referve.  Such  a  form  of  government 
muft  neceffarily  be  the  moft  oppreffive  upon  the 
poor,  the  moft  inconfiftent  with  trade  and  corq- 
merce,  and  of  the  moft  pernicious  confequence  to 
the   religion,  morals,    and    courage    of  the  people. 

1  fay 


Chap.V.       DISQ^UISITIONS.  167 

I  fay  firft,  that  fucha  form  of  government  muft  be 
the  moft  oppreffive  upon  the  poor^  becaufe  taxes 
muft  bs  impoied  for  the  Tupport  of  the  government; 
and  as  the  rich  muft  have  always  a  great  influence 
in  parliament,  they  will  in  the  methods  of  taxa- 
tion take  as  much  care  as  they  can  of  themfelves. 
Therefore  they  will  chufe  to  fupply  the  public  reve- 
nue by  taxes  upon  the  necejjaries  and  conveniences 
of  life,  becaufe  to  every  fuch  tax  a  poor  man,  who 
lives  comfortably  by  his  labour,  pays  as  much  as 
the  richeft  man  in  the  kingdom.  And  fuch  taxes 
the  minifters  of  the  crown  will  always  be  moft  fond 
of,  becaufe  of  the  multitude  of  officers  that  muft  be 
employed  in  the  colledlion.  In  the  next  place  I 
fay  that  fuch  a  form  of  government  muft  be  the  moft 
inconfiftent  with  trade  and  commerce,  which  muft 
be  evident  from  what  I  have  juft  mentioned  >  for 
taxes  upon  the  neceflaries  and  conveniences  of  life 
muft  raife  the  price  of  labour.  This  muft  raife  the 
price  of  every  fort  of  manufacture  ;  and  this  muft 
diminifli,  if  not  totally  prevent,  their  fale  at  any 
foreign  market.  And,  laftly,  I  fay  that  fuch  a  form 
of  government  muft  be  of  the  moft  pernicious  con- 
fequence  to  the  religion,  morals,  and  courage  of 
the  people.  For  as  to  the  religion  and  morals  of  the 
people,  it  is  evident  the  more  profligate  the  people 
generally  are  as  t6  every  principle  of  religion,  mo- 
rality, or  politics;  bribery  and  corruption  will, 
both  in  parliament  and  at  eledtions,  have  the  greater 
and  the  more  certain  efFedt.  .  In  fuch  a  form  of 
government  therefore  the  governing  powers  will  take 
every  method  they  can  contrive  for  fubduing  and 
rooting  out  of  the  human  mind  every  paffion,  every 
affedion,  but  the  defire  of  fenfual  pleafure  and  its 

*  conftant 


i68  POLITICAL  Book  IIL 

conflant  attendant,  a  boundlefs  love  of  money.  In 
all  affemblies  the  members  will  harangue  and  vote 
not  for  the  fake  of  gaining  efteemor  of  ferving  their 
country ;  but  for  the  fake  of  raifmg  their  price  ^  in 
the  church  the  clergy  will  rfudy  and  preach,  not 
for  the  fake  of  religion,  but  of  getting  better  bene- 
fices. At  the  bar,  the  lawyers  will  pkad  not  for 
the  fake  of  juftice,  but  of  increafmg  the  number  or 
the  value  of  their  fees  5  and  in  the  wars,  either  by 
land  or  fea,  the  foldiers  will  fight  not  for  the  fake 
of  glory  or  the  honour  of  their  country,  but  of 
plunder  or  prizes.  1  hus  the  love  of  money  will 
become  the  fole  ^(9T7^rw*;?^  principle  among  the  peo- 
ple ;  and  whllft  the  government  can,  by  taxes  or 
othervvife,  get  money  enough  to  anfwer  this  popular 
paflion  of  its  own  creating,  it  will  continue  abfo- 
lute  and  undifturbed  ;  but  the  moment  it  ceafes  to 
be  able  to  do  fo,  fadion  will  enfue  in  their  affem- 
blies, and  mutiny  in  their  fleets  and  armies.  Then 
as  to  the  courage  of  the  people,  in  fuch  a  form 
of  government,  it  is  certain  that  the  governing 
powers  will  take  every  poflible  method  to  render 
the  people  in  general  cowardly,  undifciplined  and 
unarmed  ;  becaufe  the  more  they  are  fo,  the  more 
eafily  they  may  be  overawed  by  a  mercenary  {land- 
ing armyy  the  more  impoffible  it  will  be  for  any 
great  and  antient  family  to  defehd  themfelves  by 
an  infurreftion  of  the  people  in  their  favour 
againft  the  moft  unjuft  and  cruel  oppreflion.  Even 
as  to  thofe  of  the  (landing  army,  courage,  as  well 
as  every  other  fort  of  virtuous  merit,  will  be  nc- 
gleded,  or  at  leaft  not  duly  revv'arded  ;  becaufe  all 
public  rewards  will,  and  indeed  muft,  be  applied 
by  the  governing  powers  towards  gaining  and  fecur- 


Chap.  V.         DISQUISITIONS.  169 

ing  thofe  who  are  rich  enough  to  be  aflifling  to  the 
government  in  bribing  and  corrupting  the  people  at 
eleBionSi  an-1  bafe  enough  to  vote  conftandy  in 
parliament  as  direded  by  the  minifters  for  the  time 
being/ 

April  26,  1 77 1,  Mr.  Sawbridge  made  a  motion  for 
leave  to  bring  in  a  bill  tofliorten  the  du^-ation  of  par- 
liaments. He  fliewed,  that  this  branch  of  the  con- 
ftitution  had  been  eftabliihed  by  our  Saxon  ancef^ors, 
at  which  time  they  had  only  been  annual ;  that  they 
were  fet  afide  ^40  years  by  the  Normans  ;  that  on  their 
revival  they  had  continued  of  (hort  duration  (rhodly 
annual)  till  the  reign  of  Hen,  VI 11.  whofe  tyranny 
was  never  complete  till  eftabliihed  by  that  long  par- 
liament ;  that  the  next  long  parliament  was  that 
commqnly  fo  calkd  of  1641.  The  penfionary  par- 
liament in  the  reign  of  Cha»  II.  was  produdtive  of  the 
word  confeq-'ences  to  the  conftitution;  to  remedy 
which  the  triennial  bill  was  paffed,  forbidding  parli- 
ament to  fit  more  than  three  years.  This  was  over- 
turned by  that  breach  into  the  conftitution  in  the  reign 
of  Geo.  I.  the  pafling  of  ih^Jepiennid  bill.  Though 
perhaps  the  particular  necelluus  of  the  times  might 
render  fuch  an  adl  at  that  day  ufeful,  (a  rebellion  jufb 
cruihed,  and  a  pretender  to  the  throne,  making  it 
improper  to  call  the  people  together  at  that  tiiue)  yet 
that  neceflity  was  now  at  an  end,  none  of  thofe  dan- 
gers now  hanging  over  us.  That  the  length  of  par- 
liaments gave  up  that  power  which  the  conjlltuents 
ought  to  have  over  their  reprefentatives,  viz  of  fre- 
qu.:nt  examination  into  their  condu^ft,  and  rejedion 
of  them  if  they  thought  them  unwatlhy.  That 
long  parliaments  gave  an  opportunity  to  an  intimacy 
between  the  minifters  and  the  members ,  always  dan- 
gerous and  dcftrui^ive  to  the  conftitution;    that   in 

Vol.  I  Z  ftiorten- 


I70  POLITICAL  Booklll. 

{hortening  the  duration  of  parliaments  lie  (hould  in- 
cline to  annualy  as  fubjedl  to  fewer  objedions,  in  his 
opinion,  than  triennial,  but  that  muft  be  the  fubiedl 
of  future  debates.  Meff.  lownfendy  Dempjier,  2l/r- 
72er^  Barre,  &c.  fupported  this  meafure  :  they  fre- 
quently called  on  adminijiraiion  to  (hew  any  reafons 
why  a  bill  fhould  not  be  brought  in.  But  to  the 
amazement  of  mod  members,  not  one  word  was 
uttered  by  them  -,  the  moft  contemptuous  filence  was 
obferved.  On  this  great  national  queftion  the  (hort 
appeal  was  to  the  numbers  at  the  command  of  the 
minifter,  and  the  only  declared  reafons  were  105  to 

Mr.  Sawbrtdge,  A.  D.  1773,  moved  the  houfe  of 
commons  again  for  fhortcning  parliament.  He  ob- 
ferved, that  in  xh^^Saxon  times,  for  above  500  years, 
the  period  of  parliaments  was  (hort,  to  the  great  ad- 
vantage of  the  ccnftitution  ;  that  from  the  Norman 
invafion  to  Hen.  III.  parliaments  were  cither  difcon- 
tinued,  or  had  loft  their  former  efficiency;  that  after 
a  ftruggle  of  half  a  century,  this  valuable  acquiiition 
was  recovered,  and  the  conftitution  brought  back  to 
its  firft  principles;  that  from  thence  to  Hen.  VIIL 
parliaments  were  frequent,  and  their  happy  confe- 
quence  notorious ;  that  during  the  reign  ot  that  arch 
tyrant,  they  were  for  the  firft  time  lengthened,  oq 
which  the  corruption  of  our  reprefentatives,  and  the 
bloody  adts  of  that  monflcr  of  cruelty  are  the  beft 
comment;  that  from  his  demife  to  the  rump  par- 
liament, we  were  happily  freed  from  the  bane  of 
EngUfi  liberty,  to  which  fucceded  the  long  penfion- 
parliament  of  Ch,  II.  which  is  too  well  known  to 
need  any  comment ;  that  after  the  revolution  many^ 

bravei 


a  Aim:  Dsfi,  Com,  ix,  29s. 


Chap.  V.        DISQUISITIONS.  171 

brave  independent  men  endeavoured  to  put  It  cut  of 
the  power  of  bad  princes,  or  corrupt  minifters,  to 
undermine  the  conftitution,  while  the  forms  of  it 
remained,  and  at  length  prevailed  fo  far  as  to  obtain 
the  triennial  bill  j  but  all  thofe  advantages  were  a- 
gain  loft,  A.  D.  1716,  by  the  feptennial  bill.  That 
he  thought  it  was  better  the  revolution  had  never  hap- 
pened, than  that  feptennial  parliaments  fliould  be 
fixed  upon  us.  He  expcded  his  motion  to  be  oppof- 
ed  by  the  enthufiaftic  fticklers  for  old  cuftoms,  and 
by  all  minifterial  men,  &c.  The  treafury  bench,  as 
before,  idXfpee'chlefs,  The  queftion  was  put.  Car» 
ried  againft  the  motion  133  to  45  », 

Mr,  Oliver  J  in  fupport  of  Mr.  Sawhridgeh  motion, 
obferved,  among  other  particulars,  That  the  king,  ac- 
cording to  the  original  conftitution,  has  the  executive 
power  wholly  in  his  own  hands;  but  xki^x  farliament  of 
late  years  has  encroached  upon  the  king's  prerogative^ 
That  parliament,  inftead  of  itfelf  governing,  is  ap- 
pointed to  be  a  check  upon  government,  *  to  watch 
over  the  Ring  and  the  courts  of  juftice,  to  guard  the 
rights  and  privileges  of  the  people,  and  in  their 
name,  and  by  their  direflion^  to  grant  occafional 
national  fupplies  for  national  purpofes,' — •*  That  long 
parliaments  tend  naturally  to  make  the  members 
forget  and  negledl  the  very  ends  of  their  inftitution, 
and  to  confider  themfelves,  not  as  mere  delegates 
and  attomies  of  the  people,  but  as  perfons  chofen  to 
be  the  abfolute  governors  of  the  country.^  He  ob- 
ferved, that  '  parliament,  which  was  appointed  to 
watch  over  admioiftration,  is  become  itfeif  the  admi- 
niftration  ^    and  that  for  the  faithful  (hepherds  dogs 

of 

qiMM—»^i^—  I ..     II  III  I   ■  11  ■  I.I       ■  I  III  I       I      ... 

^  Whit£hall  Fv6n.  Post,  Jan.z6i  i^Yh 


572 


POLITICAL  Book  III. 


of  former  times,  we  have  now,  by  an  unnatural  co- 
pulation, a  breed  of  uohes  to  guard  the   flock/     He 
reafons,  he  fays,  '  not  by  inference. and  probable  con- 
clufions;   but   from  experience/  He    then   mentions 
a  motion  lately  made,  for  inquiry  into  the  condud  of 
the  courts  of  juftice  5  which  motion  was  rejected  \  and 
a  late  demand  of  half  a  million  for  the  civil  lift,  which 
was  immediately  granted,  without  any  inquiry  into  the 
caufes  of  a  deficiency,    or  into  the  application  of  fuch 
prodigious  fums.  *    Whenever  a  fupply  is  moved  lor, 
(fays  he)  however  enormous   the  ium,  it  is  readily 
granted^    for   the   adminiftration,    who    receive  the 
money,  fit  upon  thefe  benchts.     Whenever  an  ef- 
fedual  inquiry  into  the  application  of  money  is  moved 
for,  it  is  as  readily  refufed  \  for    the  adminiftration, 
who  apply  it,  fit  upon  thefe  benches.   'I'he  proceed- 
dings  of  the  courts  of  juftice,  and  the  a|.»plication  of 
of  public  money  were  formerly  the    great  objeds   of 
parliamentary  inquiry.     Now    parliament  ^is   only   a 
check  upon  hackney- coach  men,  Gf<:/  a 

A.  D,  1771^  the  livery  of  London  came  to  a  refolu- 
tlon,  which  they  ordered  to  be  publifhed,  *  That  they 
will  vote  for  no  candidate  at  an  eledion  ot  membecyfor 
the  city,  till  he  has  figned  a  foleiun  engagement  to 
promote,  by  every  means  in  his  power,  either  in  or 
out  of  the  houfe,  a  perpetual  ad  for  fliurtening  the 
duration  of  parliaments  b. 

At  a  numerous  meeting  of  freeholders  of  Middle-^ 

fexy    at  Mile-End,  A.  D.   1773,     *  Refolved,   That 

it  is  the  opinion  of  the  freeholders  of  the  county  of 

Middlefexy    that   a  return   to  the    antient   mode    of 

reprefentation 


a    V^HITEHALL    EVEN.    PoST,    Jan.    ^O,     l^Jl* 

b  See  the  News-papers  Qi  March  11,  ^V. 


Chap.  VI.       DISQUISITIONS.  173 

reprefentation  in  fhort  parliaments,  and  a  bill  for  the 
exclufion  of  placemen  and  penfioners  from  the  houfe 
of  commons,  is  the  moft  likely  method  of  obtaining 
a  redrefs  of  the  various  grievances  under  which  the 
fu^j  :d;s  of  this,  kingdom  labour  ^. 

A  noify  declaimer  in  the  houfe  of  commons,  on 
what  is  called  the  patriotic  fide,  publiflied  a  thing  a  few 
years  ago,  intituled,  if  I  forget  not,  Confiderations  on 
the  caufes  of  the  prefent  Difcontents ;  in  which  he 
fairly  fieclared,  he  did  not  thiiik  fliortening  parlia- 
ments, or  excluding  placemen  would  anfwer.  He 
faid  the  grievances  were  only  remedied  by  L  know 
not  what  public  men,  who  were  to  be  refponfible. 
But  moft  people  thought  this  a  very  grcfs  confeffion, 
that  he  did  not  mean  the  public  advantage  ;  but  that 
he   wanted   to   be   one    of    the    pubHc   refponfible 


CHAP.     VI. 

^  Of  Exclufion  by  Rotation, 

THE  fhortening  of  parliaments  alone^  without 
exclufion  by  rotation^  would  prove  only  a  pal- 
liation, not  a  radical  cure..  It  would,  if  I 
may  fo  fuddenly  change  the  met^hor,  be  flopping 
fome,  but  not  alixh^  leaks.  Suppofe  parliaments  re- 
duced to  annual,  might  riot  a  court  candidate  bribe 
his  eledors  with  a  feventh  part  of  what  he  now  gives 
for  his  borough  ?  And  might  not  the  minifter  bribe 

the 


a  Whitehall  Even,    Post,  Thur/day,   Jprilzg,    1773. 
b  See  Mrs.  Macaulaf^  ibrewd  Anfwer  to  this  piece. 


174  POLITICAL  Booklll. 

the  corrupt  member's  vote  in  the  houfe  with  afeyenth 
part  oF  what  he  now  gives  ?  I  do  not  farget  what  is 
obferved  on  this  by  Sir  W.  Wyndham,  in  his  fpeech 
above  quoted,  p.  148.  viz.  *' That  a  feventh  part  of 
a  fum  would  make  fo  poor  a  figure,  that  it  would 
hardly  prove  a  temptation.  That  though  an  eledor 
might  think  it  worth  while  to  be  damned  for  20  of 
21  guineas,  he  might  grudge  to  hazard  his  foul  for 
the  fcurvy  price  of  three,  as  he  might  die  before  next 
cledion  ;  and  that  a  member,  who  might  be  exf  edled 
to  fell  himfelf  to  the  devil  and  the  minifter  for  a  pen^ 
ficn  of  700/.  a  year,  would  defpifc  a  fingle  hundred.' 
Allowing  all  this  its  due  weight,  it  is  ftill  true' 
that  a  member  chofen  annually  for  feven  years  toge- 
ther, has  at  the  end  of  the  feven  years  fat  as. long  in 
the  houfe  as  if  he  had  been  chofen  for  feven  years  at 
cncei  and  how  far  rogues  might  have  an  underftand^ 
ing  between  themfelves,  fo  as  to  elude  this  falutary 
regulation,  an  honeft  man  cannot  guefs.  It  is  a  com- 
mon eledtioneering  trick  in  our  times,  for  the  can- 
didate to  lend  the  eledors  fmall  funis  upon  their  notes 
of  hand  ;  thofe  notes  underftood  to  be  void  if  the  elec- 
tor votes  right.  Might  not  the  fame  game  be  played 
between  the  eledor  and  the  candidate,  and  between  the 
member  and  the  minifter,  if  the  period  of  parliament 
were  reduced  to  annual  ?  This  could  certainly  not  be, 
if  it  were  certain,  that  the  very  next  feftion  two  thirds 
of  the  members  muft  be  excluded  by  rotation ;  becaufe 
whatever  was  by  the  corrupt  fet  voted,  might  be  un- 
voted the  very  next  feffion,  and  then — Omnis  labor  ef- 
fufus ;  the  money  would  be  all  thrown  away ;  the  prof- 
pedt  of  which  would  effedually  prevent  the  minifter's 
hazarding  it.  Befides,  it  would  be  impoflib'le  to  find  a 
fufficient  number  of  places.  As  the  period  of  parlia- 
ment 


Chap.  VI.     DISQUISITIONS.  175 

ment  is  at  prefent,  if  the  minifter  can,  by  all  his  cor- 
rupt arts,  aided  by  the  hopes  and  fears  of  members, 
influence  255  of  the  houfc  of  commons,  he  is  fecure 
for  feven  years.     But  if  two  thirds  of  tha  houfe  were 
to  be  changed  every  y.ear,  he  muft  find  means  for  at- 
taching to  his  party yJx7^«  times  that  number,  or  1785, 
in  every  feven  years,  which  would  confiderably  clog 
the  progrefs  of  court-influence  in  parliament.     I  men- 
tion two  thirds  of  the  houfe,  and  not  the  whole,  be- 
caufe  it  is  pretended  by  .the  court-party,  that  it  is  ne- 
ceflfary  to  keep  in  the  houfe  fome  of  the  great  officers 
of  the  ftale,  and  that  a  whole  houfe  of  unexperienced 
members  would  be  at   a  lofs  about  the  forms,  &c,» 
As  the  fliamefull  injj^Jiice  done  by  long  parliaments  t© 
gendemen,  who  have  a  right  to  be  in  authority  fome 
part  of  their  lives,  is  a  ftrong  argument  againft  their 
continuance ;  fo  it  is  to  be  remembered,  that  without 
exclufion   by  rotation,  the  mere  fhortening  of  parlia- 
ments even  to  annual  would  not  redrefs/i>/i  grievance* 
If  the  majority  of  the  houfe  be  not  changed  every  other 
year,  the  fame  men  may  be  re-eled;ed  for  20  years  to- 
getherj  and  if  a  place  bill  fliould  be  paffed,  tricks  may 
be  played  by  riding  or  fplittlng  of  places,   unlefs  a  ro- 
tation bill  is  like  Wife  paffed.    The  city  of  London^  or 
county  of  Tork,  cannot  be  bribed,  but  their  mem- 
bers may.     Therefore  there  is  no  fecurity  without 
exclufion  by  rotation.     But  with  that  regulation  and 
the  others,  bribery  might  eafily  be  rendered  impraBi^ 
cable. 

Harrington  DtopokSf  that  every  domeftic  officer,  ma- 
giftrate,  reprefentative,  &c,  be  excluded  from  his  place 
of  power  and  truft  for  a  term  equal  to  that  of  his  em- 
ployment a,  and  that  a  third  part  of  the  houfe  of  com- 

*  mons 

■■ .».■■■— ■■. .1       ^ — ^■■'      • • 

a  Oceana,  537.. 


176  POLITICAL  Book  III. 

mons  be  chofen  annually ;  and  a  third  part,  viz.  thofe 
who  have  fat  full  three  years,  give  place  to  the  newly 
eleded.  Such  a  rotation  would  give  all  perions  of 
confequence. their  turns  in  the  government  a. 


CHAP.     VII. 

Of  electing  by  Ballot. 

THE  electing  of  members  by  ballot  would  like- 
wife  be  a  check  on  court  influence  in  parlia- 
ment. There  ought  to  be  no  voting  vivd 
voce^  where  balloting  would  better  prevent  influ- 
ence, caballing,  animofity,  or  refentmcnt.  Therefore 
all  ele6tions/or  members  of  parliament  ought,  as  things 
are  noWy  to  be  by  ballot.  Courts  of  diredors,  members 
of  the  commons  in  their  houfe,  and  all  thofe,  who 
are  liable  to  be  called  to  account  for  their  tranfadtions 
(which  peers,  eledlors,  jurymen,  G?^.  are  not)  ought 
to  vote  with  an  audible  voice. 

But  let  it  be  oblerved  here,  that  making  parliamen- 
tary reprefentation  adequate  would  fuperfede  the  necef- 
fity  of  balloting  at  eledtions.  For  court-influence, 
and  whatever  could  byafs  el^ors^  would  be  then 
utterly  cut  up  by  the  roots,  when  many  thoufands  of 
votes  were  necefl!ary  to  fend  in  the  members  for  any 
one  county,  comprehending  its  towns.  To  fet  about 
bribing  401  electors  in  order  to  gain  one  member, 
or  202,  104  eledors  to  fecure  a  majority  \n  the  houfe, 
a  minifter  muft  be  lord  of  the  mines  of  Potofi. 

It 


a  OcEANA;  54. 


Chap.  VII.      DISQUISITIONS.  177 

It  is  thought  by  fome  authors,  that  the  Athenians 
chofe  their  9  archons  by  ballot  for  160  years  a.  Their 
fenateof4oo,  and  the  prytanes  were  chofen  by  lot  t>. 

Balloting  was  ufed  in  fome  cafes  at  Rome.  And 
when,  through  the  prevalence  of  corruption,  that 
free  manner  of  voting  went  into  defuetude,  it  was 
reftored  by  the  lex  Papiria  and  the  lex  Gabinia, 

The  Roman  fenate  did  not  vote  by  ballot ;  but  the 
people  did.  Salujl  (if  he  be  the  author  of  the  Fr  agm. 
TO  C^sar)  and  Cicero^  in  Cornel*  expreis  their 
wifh,  that  balloting  were  ufed  in  the  fenate. 

Eiedtions  of  magiftrates  being  troublefome,  caufing 
heats,  and  diffenfions  among  the  people  of  Florence^ 
it  was  agreed  that  the  eledtors,  who  confifted  of  the 
prefident  and  members  of  the  college  [(hould  have 
been  all  people  of  property]  fhould  write  on  tickets, 
and  inclofe  in  a  cheft,  the  names  of  iuch  citizens, 
as  they  thought  fit  to  be  in  the  magiftcacy ;  and  that 
when  the  day  of  eledlion  came,  a  fet  of  thofe  names 
ihould  be  taken  out,  after  (liaking  the  cheft,  and 
the  names  firft  drawn  (hould  be  the  magiftrates  eledl, 
and  to  continue  three  years  and  a  half  c.  This  me- 
thod was  kept  up  at  Florence^  while  the  republican 
government  continued.  Aretin  difapproves  it,  but  we 
know  not  why. 

At  Venice  all  eledions  are  made  by  ballot,  and  all 
voting  in  the  great  council,  the  college,  the  fenate, 
and  all  the  courts  of  judicature' is  done  by  ballot, 
without  any  miftake,  or  any  fort  of  confufion,  or  dif- 

VoL.  I.  A  a  X       turbance. 


zUbb.  Emm.  De  Rep.  Ath.  l.  24.         b  Ibid 36,    37. 
cMoD.  Univ.  Hist,  xxxvi.  77. 


178  POLITICAL  BookllL 

turbance,  which  prevents  bribery,   fadion,  animo- 
fities,  and  all  bad  confequences  ^. 

A  motion  made  in  the  houfe  of  commons,  A*  D. 
1707,  that  alleledion  queftions  be  decided  by  ballot- 
ing, was  rejeded.  To  be  heard  and  determined  at 
the  bar  of  the  houfe  K 

It  was  again  propofed,  A.  D.  1708,  that  queftions 
concerning  cledions  (hould  (if  either  competitor  de- 
fired)  be  decided  by  ballot.  Carried  in  the  negative. 
I  fuppcfe  they  thought  balloting  dangerous,  when 
there  were  fo  many  Jacobites  c. 

A  bill  for  eleding  the  Scotch  peers  by  ballot  was 
moved  in  the  houfe  of  peers,  A.  D.  1734.  Mif- 
carried.  Many  lords  protefted,  becaufe  balloting  is 
the  freeft  manner  of  eleding,  and  the  moft  likely  to 
defeat  minifterial  influence,  which  was  to  be  feared  in 
a  matter  of  fuch  confequence. 

The  method  of  voting  by  ballot,  fay  they,  ap- 
pears to  us  infinitely  preferable  on  many  accounts  -^ 
for  as  it  is  well  known,  there  are  feveral  alliances 
among  that  body  of  nobility,  many  of  the  peers  may 
be  put  under  great  difficulties,  their  alliances  draw- 
ing them  one  way,  and  their  opinion  and  inclina- 
tion another  way.  It  is  alfo  polfible,  that  by  pen- 
lions  from  the  crown,  or  by  civil  or  military  pre- 
ferments, fome  of  them  may  lie  under  obligations  to 
a  court,  and  be  reduced  to  the  hard  neceffity  (under 
the  power  of  an  arbitrary  minifter)  either  of  lofmg 
their  employments^  or  of  voting  again  ft  their  nearell 
relations,  and  their  own  opinion  alfo.  We  appre- 
hend that  no  eledlion  can  be  called  perfedly  free, 
where  any  number   of  the  electors   are   under    any 

influence 

a  Cole  i>  »viem,  p.    16. 
b  Deb.  Com.   iv.   103, 
c  'Und.  CoNTiw.  11.  I08r 


Chap.  VIL       DISQ^UISITIONS,  179 

influence  wbatfoever,    by  which  they  may  be  biaffed 
in  the  freedom  of  their  choice  a/ 

Judge  Blackjlone  is  againft  voting  by  ballot  in  the 
houfe  of  commons.  *  becaufc  the  condudl  of  every 
member  is  fubje(5t  to  the  future  cenfure  of  his  con-- 
flituentSy  and  therefore  (hould  be  openly  fubmitted  to 
their  infpedtion  ^/  Upon  what  principle  is  it  then, 
that  the  houfe,  from  time  to  time,  orders  the  galleries 
to  be  cleared  ?  Is  it  that  their  conftituents  may  not 
fecy  nor  knowy  nor  confequently  be  able  to  cenfure 
their  condud  in  the  houfe  ?  Of  which  more  fully  in 
the  fequel. 

Harrington  is  for  balloting  on  all  occafions  c. 

Balloting  is  ufed  in  many  cafes,  as  in  the  eledions 
in  the  India-houfe,  the  Royal  fjciety,  vj?c.  but  it  is 
not  pradtifed  where,  above  all,  it  ought  (while  things 
continue  on  their  pref^nt  foot)  to  be  ufed,  viz.  in  the 
eledlion  of  members  of  parliament, 

*  It  is  cuflomary  in  the  borough  of  himmington  in 
Hampjhir€y  to  eled  by  ballot'  [the  manner  of  which 
the  writer  there  defcribes.]  *  This  method  I  know 
to  be  of  great  advantage  where  it  is  made  ufe  of.  It 
prevents  animolity  and  diftafte,  and  very  much 
affifts  that  freedom,  which  ought  to  be  in  elections. 
No  man,  in  this  way,  need  fear  the  difobliging  of 
his  landlordy  cujiomery  or  benefactor  ^.  * 


a  Deb.  Lords,  iv.  220.  b  Com.  i.  181. 

c  See  Oceana,  p.  85,  etfeqq,  537. 

4  Statb  Tracts,  time  of  K.  WilUamj  i.  i6j. 


BOOK     IV. 


EjfFefts  of  the  above  Irregularities. 


C    H     A     P.      L 

Members  of  Parliament  no  longer  hold  ihemfehes  ref" 
ponjible  to  the  People, 

FRO.VI  the  inadequate  ftate  of  reprefentation  in 
parliament,  and  the  enormous  length  of  their 
period,  have  arifen  feveral  mod  fatal  confe- 
quences.  The  firft  I  (hall  mention  is.  That  mem- 
bers, being  generally  eleded  by  handfuh  of  perfons, 
poflefTed  of  little  property,  and  lefs  know le dge^i  tht  in- 
tereft  of  their  country,  and  impowered  as  law-makers 
iov /even years,  have  given  up  all  thought  of  being 
accountable  to  any  fet  of  men  upon  earth  for  their 
proceedings  in  parliament.  And  it  muft  be  allowed, 
that  on  the  piefent  ludicrous  foot  on  which  repre- 
fentation ftands,  it  would  be  difgracing  a  gentleman 
beyond  fufFerance,  to  call  him  to  the.bar  of  afet  of  poor 
unlettered  Cernijh  burghers,  and  to  expedl  him  to  an- 
fwer  ih^/illy  queftions  they  would  put  to  him  concern- 
ing his  condud  in  thehoufe,  of  which  they  cannot  be 
fuppofed  competent  judges,  any  more  than  they  are  of 
the  qualifications  of  a  legiflator,  which  (hews  the  ab- 
furaiiy  of  their  having  the  power  of  making  legiflators, 
not  for  themfelves  only,  but  for  the  nation  in  general. 
Were  parliamentary  reprefentation  upon  its  proper 
foot,  no  member  would  be  fent  into  the  houfe  by  a 

puny 


Chap,  I.  POLITICAL  Sec.  i8i 

puny  burgh  ;  but  all  would  be  county-members,  and 
every  member  would  have,  to  his  admiffion  as  a  law- 
maker, the  fandion  of  the  majority  of  the  inhabitants 
of  a  county,  comprehending  the  cities  and  towns  in  it» 
From  fuch  a  refpeBable  body  as  this,  it  would  be  an 
honour  to  gendemen  to  receive  inftrudions ;  and  to 
be  refponfible  to  them,  would  not  be  beneath  the 
dignity  of  any  perfon  whatever. 

It  is  notorious,  that  the  right  of  conftituents  to  in- 
ftrud  their  members,  and  the  confequent  duty  of 
members  to  obey  inftrudions,  is'  in  our  times  quef- 
tioned  by  many,  and  by  many  given  up.  Yet  it  is 
certain,  firft,  that  no  harm  could  come  from  the  mem- 
bers of  parliament  being  obliged  to  wait  for  inftruc- 
tions  from  their  conftituents,  fuppofing  the  confti- 
tuents  what  they  ought  to  be,  becaufe  legijlation  is, 
the  leaft  of  any  thing,  a  matter  oi  hajie  -,  and  the  exe- 
cutive is  not  m  the  parliament. 

There  feems  to  be  a  palpable  inconfiftency  in  the 
courtly  dodrine,  That  the  people  are  wholly  unqua- 
lified iov  ]\iAgmg  of  political  matters,  and  that  there- 
fore their  fenfe  in  petitions,  remonftrances,  and  in- 
ftrudions, is  not  to  be  regarded.  If  ioy  why  is  the 
choice  of  members  of  parliament  left  to  the  people  ? 
Why  (hould  not  the  minifiry  nominate  them  at  once  ? 
If  the  people  are  incapable  of  judging  of  politics, 
they  are  incapable  of  judging  of  the  qualifications  of 
members.  But  to  fet  this  abfurdity  in  its  full  light, 
it  is  to  be  obferved,  that  the  courtiers,  at  the  fame 
time  they  argue  for  the  incapacity  of  the  people  in 
general^  infilt  that  the  eledion  of  legiflators  is  beft 
trufted  to  the  7noJl  i n capable  psLvt  of  ihc  people.  Simi- 
lar to  which  ingenious  reafoning  is  their  pica,  when 
they  tell  us,  *  The  people  are  in  fault,  why  do  they 

let 


i82  .    POLITICAL  Book  IV. 

let  themfelves  be  bribed  by  the  court  ?  So  every 
town-rake  cries  out  againft  the  frailty  of  women 
(himfelfthecaufeof  the  failureof  female  virtue.)  And 
becaufe  the  people  are  liable  to  be  corrupted,  our. 
courtiers  infill,  that  the  ciedion  of  law-  makers  is  beft 
in  the  hands  of  that  part  of  the  people  who  are  moji 
liable  to  be  corrupted.  Into  fuch  abfurdities  do  men 
plunge  themfelves,  when  they  undertake  the  defence 
of  what  their  underftandings  and  confciences  revolt 
againft  ! 

In  the  remarkable  anfwer  of  lord  Percival^  member 
for  Wefiminjler^  to  inftrudions  fent  him  by  his  con- 
flituents  a,  we  have  that  gentleman's  notion  of  the 
duty  of  reprefentatives  in  refpedtof  inilrudions.  And 
he  fpeaks  the  fenfe  of  too  many. 

*  Gentlemen,  you  are  welcome  upon  all  occafions, 
and  I  lock  upon  this  application  as  a  irefh  inftance 
of  your  friendfliip  — As  I  never  concealed  my  prin- 
ciples from  you,  fo  I  will  never  depart  fiom  them, 
The  only  motives  that  dired:  my  condud  are  the  pre- 
fervation  of  the  conftitution  of  my  country,  the 
fecurity  of  the  prefent  royal  family  upon  the  throne, 
and  the  common  liberty  oi  Europe. — — Thefe  views 

I  (hall  always  think  infeparable. In  the  profecu- 

tion  of  them,  my  judgment  fometimes  may,  my 
heart  (hall  never  fail  me. — 1  remember  on  my  part, 
that  to  your  independent  voice,  I  owe  my  feat  in 
parliament : — on  yours,  you  will  not  forget  that  I 
ought  to  be  independent  there.'  [True,  my  good 
lord,  you  ought  to  be  independent  on  a  court ;  but  not 
on  io,CGO  people  of  property  who  fent  you  to  parlia- 
ment on  purpofe  to  do  their  bufinefs.]  When  I  differ 
from  your  fentiments,  I  Ihall  do  it  with  great  reluc- 
tance, 

'  a  Deb.  Com.  xiv.   30. 


Chap.    I.         DISQUISITIONS  183 

tance,  and  then  only  when  I  am  convinced,  that 
your  true  intereft  mufl:  extort  it  from  me.*  [Of 
which  true  intereft  your  iordfliip,  of  your  great 
modefly,  holds  yourfelf  a  better  judge  than  the  many 
thoufands  who  employ  you  as  their  .agent.  How 
would  your  good  lordlLip  take  fuch  language  from 
your  fteward  ?  *•  In  fuch  a  cafe  the  crime  is  equal 
to  flatter  popularity,'  *  [  to  do  your  conftiruents  buli- 
nefs,  as  they  chufe,  is  to  flatter  popularity/  ]  or  to 
court  power.  It  becomes  me  to  relpedl  both  ;  but 
it  is  my  duty  to  follow  neither  beyond  thofe  limits, 
which  the  circqmftances  of  time,  prudence,  necef- 
fity,  and  the  public  fafety  can  alone  determine/ 
So  the  French  king,  or  the  grand  Turk,  might  be  ex- 
pedled  to  filence  the  petitions  of  their  fabjeds,  by 
telling  them,  that  the  prince  is  the  only  judge  of  the 
circumftances,  of  time,  prudence,  and  neceffity/ 

Some  argue,  that  members  of  parliament  are  not 
obliged  to  obey  inftru6lions  of  their  conftituents,  be« 
caufe  the  conftituents  do  not  hear  the  debateSy  and  there- 
fore cannot  be  fuppofed  judges  o\  the  matter  to  be 
voted.  But  the  lords  may  fend  votes  by  proxy,  tho* 
they  do  not  hear  the  debates.  The  very  truth  is,  that 
the  members  have  no  opportunity  of  being  at  all  better 
judges  of  moft  matters  to  be  voted  in  parliament  than 
men  of  underftanding  and  reading,  who  never  fat  in 
the  houfe.  So  that  the  hearing  of  the  debates  gives  no 
fuch  mighty  advantage  to  the  members  above  the  con- 
ftituents. Befides,  there  is  nothing  to  hinder  a  mem- 
ber's informing  his  conftituents  of  the  reafons  (occur- 
ring in  the  courie  of  the  debate)  why  he  intends  to 
vote  fo,  or  fo.  If  they  allow  them,  all  is  well.  If 
he  votes  contrary  to  their  direction,  though  he  means 
their  real  intereft,  he  only  fhews  himfeif  a  wrong- 
headed  agent,  who  will  aft  according  to  his  own  opi- 
nion 


i84  POLITICAL  Book  IV. 

nion  in  fplte  of  his  mafters;  and  ought,  befides 
being  immediately /^r;z^^  out  of  his  office,  toh^an/wer" 
able  for  all  damages. 

The  excellent  Davenanty  '  tis  true,  lays  no  great  ftrefs 
on  refponfibility  in  members  of  parliament.  But  this 
is  only  becaufe  in  his  times  they  had  few  examples  of 
parliaments  fo  corrupted  as  to  come  to  have  an  intereft 
different  from  that  of  their  conftituents.  But  in  our 
degenerate  times,  when  we  know,  that  parliaments 
may  be  effedtually  drawn  away  from  confulting  the 
intereft  of  their  reprefentatives,  it  isftrange  that  judge 
Blackjione  (  who  writes  what  I  have  quoted  from  him 
above,  p.   179)  fhould  write  as  follows: 

A  member  of  parliament  *  is  not  bound,  like  a  de- 
puty in  the  United  Provinces,  to  confult  with,  or 
take  the  advice  of  his  conftituents  upon  any  particu- 
lar point,  unlefs  he  himfelf  thinks  it  proper,  or  pru- 
dent fo  to  do  ^/ 

Suppofe  then  a  majority  of  the  houfe  of  commmons, 
corrupted  by  a  villainous  court,  fhould  propofe  to 
lay  an  exorbitant  tax  upon  the  people.  Suppofe  the 
majority  of  the  conftituents,  and  people  of  England, 
fhould  mftrud  the  majority  of  the  members  againft 
this  tax,  could  the  actt  eftabliftiing  this  tax,  paffed 
in  dired:  oppofition  to  the  mind  of  iht  people  of  Eng" 
lajidj  (which  judge  Blackjione^  dodtrine  allows) 
be  faid  to  be,  in  any  fenfe,  conjlitutionaly  or  par- 
liamentary, or  in  any  degree  more  tolerable  to  a  free 
people,  than  if  the  king  in  council  had  pretended 
to  impofe  the  tax  ?  If  the  votes  of  the  eledors 
be  the  whole  andfole  foundation  of  the  authority,  the 
members  have  to  fit,  and  to  make  laws,  can  it  be  con-  ' 
ceived,  that  the  eledors  gave  this  authority  on  purpofe 
to   plunder  themfelves? 

If 

a  Blackji,  Com,     j,   159, 


Chap.  L  DISQUISITIONS*  -iSLj 

If  the  members  of  the  houfe  of  commoas  are  not 
obliged  to  regard  the  inftrudlions  of  their  conftitu- 
ents  ;  the  people  of  this  country  chufe  a  fet  of  def^ 
pots  every  feven  years,  and  are  as  perfc^dl  (laves  as  the 
Turks,  exceptingthefewmonths  of  a  general  election. 
And  it  is  the  trumping  up  of  this  dodtrine,  that  gave 
Voltaire  the  hint  to  write,  that  the  Englifh  are  only 
free  once  in  kvm  years,  and  then  they  have  not  the 
fenfe  to  make  the  proper  ufe  of  their  freedom.  Pudet 
h^ec  approbria,  &€,  That  a  Frenchman  fhould  have 
it  in  his  power  to  turn  Englifh  liberty  thus  to  ridi- 
cule, is  mortifying  enough  ;  but  that  an  Englijh  judge 
ihould  fupport  his  contempt  of  our  liberty,  is  lliil 
more  humiliating. 

But  how  could  the  fpirit  of  liberty  be  expected  to 
breathe  in  the  works  of  a  gentleman,  who  fpeaking 
of  the  juft  vengeance,  which  a  frantic  tyrant,  the 
deftroyer  of  liberty,  and  butcher  of  his  fubjecSs,  brought 
upon  himfelf,  ufes  fuch  expreffion  as—*  the  infamous 
and  unparalleled  trial  of  king  Charles  i.  ^*  And  again^, 
the  fatal  cataftrophe  of  that  pious  and  unfortunate 
prince  ;'  and  who  apologizes  for  his  rapacious  pro- 
ceedings, by  teiling  us,  ;he  gave  up  the  right  to  ton- 
nage and  poundage  (after  keeping  it  for  fifteen  years, 
in  fpite  of  the  continual  remonftrances  of  parliament) 
when  he  found  he  could  keep  it  no  longer ;  vvhich  the 
judge  calls  *  giving  the  nation  ample  fatisfadion  C 
Let  the  reader  perufe  the  incomparable  lS/[r^,Macaulays 
hiftory  of  his  horrid  reign,  or  indeed  any,  even  that 
of  his  profefled  apalogift  Clarendon^  and  determine 
whether  exempting  him.from  the  guilt  of  tyranny^  it 
is   poffible  to  fix  it  on  any  pripce  that  ever  difgraced 

Vol.  I  B  b  a  throne. 


a  Com.  i.  191.  b  Ibid,  p,  zio,  c  Ibid,  ii^x 


i86  POLITICAL  Book  IV. 

a  throne,  or  filled  a  kingdom  with  con fufion  and 
bloodfhed.  As  a  friend  to  human  nature,  I  cannot 
help  declaring  my  opinion,  that  had  he  been  guilty  of 
no  crime  befides  his  offering  the  Scotch  army  a  bribe  of 
four  counties,  and  the  plunder  oiLondon^  to  invadeEwg-- 
land^f  or  had  he  been  guilty  of  no  inftance  of  tyranny 
befides  his  fighting  and  flaughtering  his  fubjedls  about 

his  over-ftrained  prerogative had  he  had  as  many 

heads  as  the  Lernean  hydra,  he  ought  to  haveJoftthem 
all.  iNor  can  I,  in  reading  judge  Blackliotfe^  Com- 
mentaries, help  lamenting,  that  a  writer,  whofe  ad- 
mirable work  will  be  read  as  long  as  Englandy  its  laws, 
and  language  remain,  fhould  be  fo  fparingly  tindured 
with  the  true  and  generous  principles  of  liberty,  on 
the  fupport  and  prevalency  of  which,  the  glory  cf  the 
Britijh  empire  depends. 


CHAP.     II. 

^he  Denial  of  Refponjibility  is  a  novel  Do5irine. 

THE  dodlrine  fo  much  preached  of  late,  by  our 
fpeech-makers  and  courtly  writers,  that  mem- 
bers of  parliament  are  not  obliged  to  regard 
the  inftrudions  of  their  conftituents,  is  a  mere  inno- 
vation. In  former  times  their  receiving  wages  fuppo- 
fed  an  obligation  to  do  the  bufincfs  of  thofe  who  paid 
them,  and  that  they  were  to  do  it  in  the  manner  their 
employers  chcfe  it  fhould  be  done.  And  their  conftant 
language  in  the  houfc  is,  *  We  dare  not  grant  any 
more  fubfidies.  Who  j^;?/ us  hither  ?  Whofe  bufi* 
nefs  are  we  doing  ?    How  fhall  we  anjwer  this  to  the 

people  ? 


Chap.  II.         disquisitions;  ,87 

people  ?  What  will  i\xt  people  of  England  {^y  to  this  ? 

The  very  nature  of  the  houfe  of  commons  is 
changed/  (fays  the  duke  of  Buckingham  in  the  houfe 
of  peers,-^.  D.  1677,)  '  They  do  not  now  think  they 
are  an  affembly  of  men,  that  are  to  return  to  their 
own  homes,  and  become  private  men  again  (as  by 
the  laws  of  the  land  and  conftitution  of  parlianrents, 
they  ought  to  be)  but  look  upon  themfelves  as  a 
/landing  fenate,  as  men  picked  out  to  be  legiflators  for 
the  reft  of  their  lives  ^.* 

Our  anceftors  ihewed  themfelves  to  be  conjlituents^ 
by  finding,  imprifonipg,  and  incapacitating  their 
iTjembers,  when  they  adcd  contrary  to  their  inten- 
tion. Abfentees  were -fined  20/.  a  large  fum  in  thofc 
days  c.  Our  members  are  our  mafiers^  and  infift  on 
a  didatoriai  independency  on  us  for  7  years,  and  to 
give  no  account  of  their  conduct  at  the  7  years  end, 
nor  have  we  any  power  over  them,  but  that  of  not 
re-elecSing  them  to  a  new  parliament,  if  they  have 
betrayed  us  in  the  laft.  Nay,  the  majority  of  the 
members  command  their  own  eledion,  and  fit  in  parr 
liarpent,  as  the  peers,  for  life.  And  yet  we  are  a 
Jree  people.  Well  may  the  neighbouring  nations 
admire  fo  myflerious  a  fyftem. 

Thz  abbi  Reynel^  thinks,  the  antient  cuftom  of 
the  king's  giving  out,  in  the  fummonfes  to  parlia- 
ment, the  bufinefs,  for  which  it  was  to  meet,  was 
very  ufeful,becaufe  the  conftituents  could  then  inftrudt 
their  members  how  to  vote ;  whereas  now,  fays  he, 
*  the  people  are  obliged  to  give  their  reprefentatives 
an  unlimited  power,    which  they  ufe  as   they  think 

proper/ 

a  Parl.  Hist.  paff.         b  Deb.  Lorbs,  i.  189. 
c  PARt.  Hist.  1.  396.  ix.  2cjS.  d  P.  275. 


i8S  POLITICAL  Book  IV. 

*  proper/  The  knights  hefitated  about  granting 
Edw.  III.  fupplies,  till  they  had  the  confent  of  their 
conftitaents  ^.  The  barons  agreed.  There  is  no 
mention  of  the  burgeffes.  They  dcfired,  that  there 
might  be  a  new  parliament  fummoned,  which  might 
come  prepared  with  authority  from  their  conllituents. 
The  commons  did  not  prefume  to  grant  Rdfw,  III.- 
any  tax,  till  they  confulted  their  confiituents  b.  The 
commons,  in  the  time  of  Rich*  II.  being  defired  to 
grant  a  fubfidy,  foon  after  Tylers  infurredion,  an- 
fwered,  that  by  reafon  of  the  '  evil  heats  and  rancour 
cf  the  *  people  throughout  the  whole  realm,  they 
neither  durft,  nor  would  grant  any  manner  of  tal- 
lage c.*  Here  the  fenfe  of  the  refponfibility  to  the 
people  operated  properly.  Elfynge^  fays,  •  When 
the  commons  gave  their  anfwer  touching  the  fubfidy 
demanded  for  the  wars,  they  defired  leave  to  return 
into  the  country  to  confer  with  their  neighbours^  promif- 
ing  their  endeavours  for  the  fame  at  next  parliament.' 

*  Some  of  our  principal  law-books  tell  us,  that  in 
antient  times,  this  houfe  has  often  refufed  to  agree  to 
propofitions  made  by  the  court  for  this  reafon  only. 
That  they  could  not,  till  they  went  home,  and  con^ 

fulted  with  their  confiituents  J  The  words  of  Mr. 
Plummers  fpeech  on  the  motion  for  repealing  the  fep- 
tennial  adt,  A.  D.  ^734®. 

*  We  fhall  have  little  thanks  for  our  labour,  when 
we  go  homey'  faid  Wentworth,  in  the  debate  in 
parliament  about  a  faving  claufe  in  the  petition  of 
right^.  In  thofe  days,  the  members  confidered  what 
thanks  they  were  likly  to  have  from  their  conflituents. 

la 


a  Hume's  Hist,  ii.  176.  b  Parl.  Hist,  hi,  247. 

c  Pari..  Hist,  i.  390.  d  P.  72, 

c  Dee.  Com.  vnx.  175.        f  PARL.Hisf,  viii.  120. 


Chap.  IL        DISQUISITIONS.  189 

In  ours,  they  confider  what  thanks  they  are  likely  to 
have  from  the  treafury. 

It  was  enaded  i  Hen,  V.  at  the  petition  of  the 
commons,  that  none,  but  refidents  in  the  places  they 
reprefented,  fhould  bfe  chofen  knights,  citizens  or  bur- 
geffes  a.  They  had  not  then  invented  the  refinements 
of  our  times,  that  the  members  are  reprefentatives 
for  the  whole  kingdom,  and  from  the  moment  of  their 
eledion,  are  alike  independent  on  their  particular 
conftituents,  and  on  the  whole  body  of  eledors 
through  the  kingdom. 

H,  B.  (fuppo(ed  Bofcawen)  in  his  fpeech  on  rejec- 
tion of  the  exclufion  bill,  fays,  *  That  thofe  who 
fent  us  here,  may  lee,  we  have  done  what  we  can, 
let  us  make  fuch  votes  as  may  be  ferviceable  to  our 
country.  ^.' 

'  I  nave  heard,  '  (fays  Sir  i?.  Clayton  in  the  debate 
on  the  cxclufion-bill,  A.  D,  1681.)  *  that  it  has  been 
an  antient  ufage,  that  members  have  confuked  fheir 
cities,  boroughs,  and  counties  in  any  thing  of  weight, 
as  well  as  giving  money,  before  they  refolved  it. 
The  practice  was  good,  and  I  wiQi  it  was  continued. 
We  can  difcharge  our  truft  no  better  than  in  obferv- 
ing  the  direcSion  of  thofe  who  fent  us  hither.  What 
the  people  chufe  is  right,  becaufe  they  chufe  it. 
He  himfelf  had  been  intruded  by  the  city  of  London. 
to  promote  the  exclufion-bill.     So  faid  lord  Rujfelc. 

Our  conJtituentSy  fays  Sir  Edw,  Deering  ^^  A.  D. 
1641.)  fent  us  hither  as  their  trujiees  to  make  and 
unmake  laws.  They  did  not  fend  us  to  rule  them 
by  arbitrary,  difputable,  and  revocable  ordinances* 
(meaning  ordinances  of  the  commons.) 

The 


a  Eljynget   75.  bDsB.  Com.  ii.  80. 

C  Ibid.  LI.  115.  d  Rap.   ii.  3S3. 


190  POLITICAL  BooklV. 

Th^  ftyle  of  former  times  was,  '  The  commons 
defired  certain  lords  to  conter  with  them  about  their 
charge  ^^  In  thofe  days  the  commons  thought  they 
had  a  charge,  for  which  they  were  anfwerable* 

Our  conilant  pradice  (fince  ^»  £).  1681.)  of  print- 
ing the  votes  of  the  houfe  of  commons,  is  an  acknow- 
ledgment of  the  importance  of  the  people,  and  the 
propriety  of  giving  them  fatisfadion.  The  occafioa 
of  firft  publifliing  the  votes  was  the  exclufion  bill^. 

The  commons  in  the  time  of  Ch,  I.  directed  the 
judges  to  inform  the  people  in  all  the  counties  they 
fhould  come  into  in  their  circuits,  that  they  (the  com- 
mons) had  abolifhed,  or  regulated  all  the  oppreflive 
courts,  &c.  This  (hews,  that  the  commons  of  thofe 
times  thought  themlelves  refponfible.  c 

Lord  Digbyy  member  for  Dorjet,  and  Sir  J.  CoJe^ 
pepfer,  from  Kent^  if.' form  the  houle,  A.  D,  1640, 
that  they  had  in  charge  feven  articles  of  grievances, 
to  which  they  add  fome  remarks  of  their  own  ^.  Do 
our  members  make  confcience  of  carrying  to  the  houfe 
the  complaints  of  their  conftituents  ? 

The  following  phrafes  in  CromwePs  fummonfes  to 
flieriffs  for  parliament  eledions,  fhcw,  that  refpon- 
fibility  was  in  thofe  days  thought  the  duty  of  mem- 
bers.— So  that  the  faid  knights  feveraliy  may  have 
full  and  fufficient  power  for  themfelves,  and  the 
people  of  that  county,  to  do  and  confent  unto  thofe 
things  which  then  and  there  by  common  confent  of 
the  laid  parliament  fhall  be  ordered,'  &c»  « 

By  the  If  rain  of  the  Romanjirance  ^  of  the  Commons 
of  England  to  the  houfe  of  commons^  in  the  republican 

times. 


"  2^  Brady,   III.    356.  et  paff.  h  Rap,  \\.  'jiz. 

c  Parl.  Hist.  XIV.  474.  d  Ibid.  ix.   125. 

clbid.  XX,  292.  f  Sommer's  Tk ACTS,   vi.  256, 


^ 


Chap,  11.        DISQUISITIONS.  igi 

times,  we  fee  how  this  matter  appeared  to  our  ancef-- 
tors  oflaft  century. 

We  muft  defire  you  to  call  to  your  remembrance. 
that  we  are  ftill  the  My  of  the  commons  of  England, 
you  but  the  reprefentativesj  that  we  have  not  fo  dele- 
gated the  power  to  you,  as  to  make  y^u  the  gover- 
nors of  us  and  our  eftates.  You  arc  in  truth  but  our 
procurators  to  fpeak  for  us  in  the  great  council.  T-iat 
of  right  we  ought  to  have  accefs  to  thofe,  whom  we 
have  thus  choien,  and  to  the  h:)ufe,  as  there  ihall  be 
caufe  to  impart  our  defires  to  yoi?,  and  you  ought  not 
to  refuje  us.  That  by  mvoWxug  our  voia^ 'u^  yours y 
we  had    no  purpofe  to  make  you  perpetual  delators.' 

Members  of  parliament,  fays  the  excell  -  nt  Sydney  a  , 
do  not  adt  by  a  power  derived  fyom  kings,  but  from 
thofe  who  chufe  them.  And  thofe,  who  give  power, 
do  not  give  an  unreferved  power.  Members  of  par- 
liament are  therefore  accountable  to  their  conjiituenis. 
It  is  true,  the  conftituents  do  not  call  them  to  aa 
account,  otherwife  than  by  not  eleding  them  again, 
if  they  have  difapproved  of  their  condud.  [This 
proves  in  fadl  a  very  inadequate  punifhment,  bccaufe 
the  right  of  eledlion  comes  iofeldom  into  the  hands  of 
the  people,  and  becaufe  (in  all,  but  the  prefent  incor- 
rupt times)  by  far  the  greateft  part  of  the  members 
have  been  impofed  upon  their  conftittlents  by  power  ot 
hy  bribery,']  Many  members,  he  fays  afterwards ^, 
in  all  agrs,  and  lometimes  the  whole  body  of  the 
commons,  have  refufed  to  vote,  till  they  conjulted 
thofe  who  Jent  them.  The  houfes  have  been  often 
adjourned,  to  give  them  time  to  do  this ;  and  if  this 
were  done  more  frequently,  or  if  towns,  cities,  and 
counties,  had  on  fome  occafions,  given  inftrudions 

'  to 

^  Disc.    Gov^  423,  b  Ibid.  424. 


192  POLITICAL         Book  IV, 

to  their  deputies,   matters  would  probably  have  goQe 
better  in  parliament  than  they  have  often  done/ 

That  ftern  old  patriot,  in  his  XLIVth  fecSt.  a  over- 
throws the  dovftrine  of  abfolute  power  delegated  to  the 
members  of  the  houfe  of  commons  by  their  conftitu- 
ents.  He  confidcrs  members  of  parliament  as  the 
fervants  of  the  public.  '  I  take^  fays  he,  what  fer- 
vant  I  pleafe,  and  when  I  have  taken  him,  I  muft, 
according  to  this  dodrine,  fufFer  him  to  do  what 
he  pleafes.  But  from  whence  fhould  this  neceffity 
arife  ?  Why  may  I  not  take  one  to  be  my  groom, 
another  to  be  my  cook,  and  keep  them  both  to  the 
offices,  for  which  I  trx)k  them  ?  And  if  1  am  free, 
in  my  private  capacitiy,  to  regulate  my  particular 
affairs  according  to  jny  own  difcretion,  and  to  allot 
to  each  fervant  his  proper  work,  why  have  not  I, 
with  my  aflbclates  tjbe  freemen  of  E?iglandy  the  like 
liberty  of  diredting  and  limiting  the  powers  of  the 
fervants  we  employ  in  our  public  affairs?' 

Milton  and  Locke  bring  very  fubftantial  arguments 
for  calling  even  ktngSy  with  all  their  facred  majefly, 
their  j«r^  divinOy  and  th^r  impeccability  (kings  can 
do  no  wrong)  to  account,  if  they  govern  in  any  man- 
ner inconfiftent  with  the  good  of  the  people.  How 
much  more  lords,  or  commons^  who  have  never  even 
challenged  to  tJkmfehes  any  divine  atributes  ?  James 
J.  owned  himfelf  to  be  the  ^xt2X  fervant   of  the  flate. 

*  Who,  fays  Locke^  (hall  be  judge,  whether  his 
truftce,  or  his  deputy'  [are  not  members  of  the 
houfe  of  commons  trujiees  and  deputies  in  the  flridefl 
fenfe  of  the  word  r  ]  *  ads  well,  and  according  to 
the  truft  repofed  in  him,  but  he,  who  deputes  him, 


a  Disc,  Gov.  450, 


thap.  11.      DISQUISITIONS.  193 

and  mufti  by  having  deputed  him,  have  ftill  power 
to  difcard  him,  whcin  he  fails  in  his  truft  ?  If  this 
be  reafon  in  particular  cafes  of  private  men,  why 
fhould  it  be  otherwiie  in  cafes  of  the  greateft  moment, 
where  the  welfare  of  millions  is  concerned  ! 

The   qualifications   of  a  member   of   parliament, 
according  to  the  author  of  an  excellent  tradt  pub- 
liflied  in   the  beginning   of  this  century,    intituled, 
Reasons  for  annual  Parliaments,,  are  fenfe, 
courage,  and  integrity.     By  fenfe,    he  means  chiefly 
knowledge  of  the  interefts  of  England  (though  clalTi- 
cal  learning  and    fluency  in    haranguing  are    in  our 
times  effentially  neceffary)  commerce,  manutaitures, 
liberty j  fecurities  and  violations  of  the  people,   9nd 
redrefsj  refources  for  war  and  peace,  and  connexions 
with  other   ftates,  balance  of  power,  &c.     Courage 
againft  the  encroachments  of  a  court,    againft  folici- 
tations,    places,    preferments,    threats,  •  cabals,    &c. 
Integrity  not  merely  to  the  whigs,  or  to  the  minority, 
but  to  the  nation.     No  man  ought  to  be  chofen,  that 
will  not  receive  infiru^ion.     There  are  no  counties 
and  few  towns  that  do  not  underftand  the  intereil  of 
their  country  enough    to  give  general    inflrudtions. 
*  You  have  a  right  to  inftrutfl  your  members.     It  was 
the  cuftom  formerly^  to   inftrudl    all  the  members, 
and  the  nature  of  deputation    (hews* that  the  cuf- 
tom was  well  grounded  a.'     iV.  5.  This  was  written 
1702,    when  the  people  were  not  fo  knowing,   and 
confcquently  not  fo  well  qualified  for  inftruding,   as 
now.     He  infills,  that  parliament  be  inftruvfted  to  pro- 
mote a  militia,  and  to  encourage  the  uie  of  firelocks 
among  the  populace,  to  increafe  the  navy,  and  reduce 
our  wars  to  naval  wholly. 

Vol.  I.  Cc  M  have 

a  Reasons  for  annual  Parl, 


194  POLITICAL  Book  IV. 

*  I  have  met,  fays  queen  Anne^  with  fo  many  ex- 
preffions  of  joy  and  latisfadion  in  all  the  counties 
through  which  I  have  had  occafion  to  pafs,  that  I 
cannot  but  look  upon  them,  as  true  meafures  of  the 
duty  and  afFedion  of  all  my  fubjcds  »/  Queen  Anne 
thought  the  fenfe  of  the  people  might  be  colleded 
otherwije  than  from  parliament.  The  commons  an- 
Iwered,  *  It  is  great  ccndefcenfion  in  your  majefty  to 
take  notice  in  fo  public  a  manner  of  the  expreffions 
of  joy  and  fatisfadion/  &c.  ^  Thus  we  fpoil  our 
kings  and  queens.  It  was  not  the  leajl  condefcenfion* 
It  is  the  duty  of  every  fovereign  to  pay  the  moft  pro-^ 

found  iht  moft  facred  attention  to  the  fenfe  oiihtpeo^ 
fle^  for  whofc  benefit  alone  he  is  endowed  with  power. 
The  colledors  of  the  debates  of  the  commons  hold 
it  to  be  fcarce  a  difputabie  point,  *  Whether  the  repre- 
fentatives  of  a  people  are  accountable  to  their  con- 
ftituents,  or  whether  it  ought  to  be  deemed  an  offence 
to  lay  the  proceedings  of  our  reprefentatives  before 
thofe  whom  they  reprefent  ^! 

*  I  hope,  your  indulgence  to  an  old  fervant  will 
pardon  this  omiffion  ;'  fays  Mr.  Cookey  member  for 
Middle/ex y  in  his  addrefs  to  the  eledors,  March  26, 
1768.  What  fort  of  2^  fervant  muft  he  be,  who  is 
not  refponfible  to  his  mafter  ? 

*  If  parliament*  (fays  Sir  f,  Barnard  in  the  debate 
on  the  convention,  A.  D.  1739.)  *  (hould  begin  to 
refufe  giving  fathfadlion  to  the  people,  the  people 
will  begin  to  refufe  putting  any  confidence  in  par- 
liaments J  and  if  this  fhould  ever  come  to  be  the 
cafe,  the  [parliaments]  not  only  may,  biit  they 
ought  to  be  laid  ajide.     I  do  not  know  that  the  cha- 

rader 


a  Deb.  Com,  hi,  203. 

b  Ibid.  204.  C  Ibid.  i.  i. 


Chap.II.        DISQUISITIONS.  195 

radter  of  parliament  ever  received  a  deeper  (lab  than 
it  did  at  the  feeming  approbation  of  the  convention 
in  lafl:  feffions  of  parliament ;  and  if  we  (hould  in 
this  fo  far  fcreen  the  contrivers  of  that  convention  as 
to  refufe  to  let  the  people  know  whether  they  were 
to  blame  or  not  5  I  fay,  if  we  fhould  do  this  now, 
that  the  chief  argument  advanced  laft  year  in  iavouc 
of  that  convention  appears  to  have  been  without  foun- 
dation, it  will,  I  fear,  be  a  mortal  blow  ^/ 

We  find  in  our  hiftories  nothing  more  frequent 
than  inftrudions  from  conftituent  bodies  to  their 
reprefentatives  in  parliament,  which  fliews,  that  the 
people  (whofc  opinion,  indeed  in  modern  times,  is 
little  regarded  by  their  governors,  whereas  it  ought 
to  be  followed  implicitly)  think  they  have  a  right  to 
inflrudt,  and  that  their  reprefentatives  ought  to  regard 
their  inftrucflions. 

The  city  of  London  fent  inftrudions  to  her  mem- 
bers, 33  Cb.  II.  requiring  them  to  infift  on  the  paf^ 
ling  of  the  exclufion-bili.  And  Sir  Rob.  Clayton  gave 
it  as  one  reafon  in  his  fpeech  on  that  occafion.  That 
his  duty  to  his  eleftors  oiligedhim  to  vote  for  the  bill  b, 

*  In  many  places,  it  was  given^  as  an  inJlruSiion  to 
members  [at  the  cledion  in  1681]  to  llick  to  the 
exclufionc/  And  fee  the  judicious  inftrudtions  by 
the  borough  of  Southwarky  A.  D.  1701,  on  the 
treachery  of  the  French  king  ^.  Many  places  inftrudled 
their  members,  A.  D,  17 14,  particularly  Zo;^^i?;^  *  We 
defire  and  expeSl  that  you  will  enquire  by  whofe 
counfel,  &c.  the  feparate  peace  was  mide  e/ 

See 


a  Deb.  Com.  xi.  375.  b  Ibid.  xiv.  7. 

c  Burn,llisT,  own  Times,  ik  136. 

d  Tind,  Contin.  i.  497,  e  Ibid  i,  415. 


196  POLITICAL  Book  IV. 

See  the  very  judicious  inftrudlions  given  by  the 
citizens  of  LWow  to  their  members,  A>  D.  1741, 
agair^ft  ftanding  armies;  extenfion  of  excife  laws;  fep- 
tennial  parliaments;  placemen  in  the  houfe  of  com- 
mons 5  recommending  ftrid  enquiry  into  the  expen- 
diture of  public  monies;  cautioning  againft  a  difho- 
nourable  peace  with  Spain,  &c.  The  preamble  runs 
as  follows ;  *  We  the  citizens  of  London  who  have 
cheerfuHy  eledled  you  to  ferve  us  in  parliament,  and 
thereby  committed  to  your  trufi  the  fafety,  liberty, 
properly,  and  privikges  of  ourfelves  and  pofterity, 
think  It  our  duty,  as  it  is  our  undoubted  rights  to 
acquaint  you  with  what  we  defire  and  expe^  frc  m 
you  in  dijcharge  of  the  great  truft  we  repole  in  you, 
and  what  we  take  to  be  your  duty  as  our  repreienta- 
tives/  &c.  ^ 

Tiiere  were  fent  up  inftrudions  from  all  parts,  in 
the  fame  year,  for  an  effedual  place  and  penfion-bill, 
and  for  fliort  parliaments,  and  againft  a  ftanding  army, 
and  all  needlefs  expences,  by  which  taxes  were  in- 
creafed  b. 

In  the  year  1742,  the  lord  mayor  and  corporation 
of  London  inftrudfed  their  members  ^  (on  occafion  of  a 
difappointment  from  fome  pretended  patriots)  requir- 
ing their  faithful  attention  to  the  profecution  of  what- 
ever might  give  hopes  of  redrefs.  Thefe  inftrudions 
were  followed  by  others  to  the  fame  purpofe  from 
Weflmmller,  Brijiol,  Edinburgh,  Tork^  Worcefier^  and 
other  places. 

The  city  of  London  mlirudled  their  reprefcntatives, 
A*  D»  ^7^9i  to  endeavour  to  prevent  all  attempts  to 

the 


a  Deb.  Com.  xiii.   15. 

b  See  the  hi  (lories  of  the  times. 

C   D£B.    (»0M.    XIV,    2. 


Chap.  II.        DISQUISITIONS.  1 97 

the  difadvantage  of  trial  by  jury  5  to  watch  over  the 
obfervance  of  the  Hab  as  Corpus  ad  5  the  applic<tk>n 
of  the  pubUc  money  to  bribery  or  cledioncering  ;  to 
oppofe  the  dangerous  dodrine  of  conflrudtive  treafons, 
the  garbling  of  petition?,  and  turning  them  into  accu- 
fations ;  the  ufe  of  military  force  on  prcrtence  of  keep- 
ing the  peace;  to  oppofe  the  indifcriminate  demands 
of  minifterson  pretence  of  paying  civil  iiit  debcsj  to 
promote  an  efFcdual  place- bill ;  to  propofe  laws  for 
preventing  the  influence  of  peers  in  elections,  and  for 
fubjeding  the  candidate,  as  well  as  the  eledor,  to  the 
bribery  oath  ;  and  to  endeavour  to  obtain  fhort  parli- 
ments  and  eledion  by  ballot,  6cc.  ^ 

'  The  inflru5lions  of  yt  u^  eonjlituents  (fays  a  fenfible 
writer  b)  «  you  (hould  always  be  ready  to  obey.  But 
you  have  inverted  the  maxim  of  th^  Gofpel,  and 
made  the  Jervants  greater  than  their  mafters.  You, 
who  are  only  deputies  and  fdSJors,  have  ufarped  a 
power  not  only  fupcrior  to  your  creators^  but 
deftrudive  of  the  very  rights,  by  v/hich  they  exift 
as  freemen,  and  by  which  you  yourfelves  exift  as 
reprefentatives.  In  the  gulph  of  your  privilege  you 
have  fwallowed  up  the  birthright  of  the  people, 
who  are  ultimately  paramount  to  all  the  three 
branches  of  the  legiflature.'  [Of  as  much  more 
confequence,  he  might  have  faid,  (allowing  for  dif- 
ference in  property)  as  12  millions  are  more  in  num- 
ber than  800 individuals.]  'Had you  been  as  tenacious 
of  your  dutyy  as  of  your  infereji,  you  would  have  firft 
provided  for  the  fafety  of  the  people's  rig^hts,  and 
then  entered  upon  a  difcuffion  of  your  own  pri- 
vilege.' 

Mr; 


aMAG.   of  1769. 

bLoxfD.   Mag.  Juy,  1771,  p.  334. 


198  POLITICAL  Book  IV. 

Mr.  Beckford,  late  lord  mayor  oiLondon^  feems  to 
have  had  a  proper  norion  of  inftrudtions,  viz.  That 
they  are  to  be  followed  implicitlyy  after  the  member 
has  refpcdlfully  given  his  conltituents  his  opinion  of 
them.  *  Far  be  it  from  me,  fays  he,  to  pppofe  my 
•judgment  to  that  of  6000  of  my  fellow-citizens  V 

'  I  ever  thought  myielf  happy*  (fays  Sir  Ellis  Cun^ 
life,  in   his  letter  to  the  mayor  *of  Liverpool)  '  ia 

*  obeying  all  the  commands  of  my  confiituents,  whether 

*  of  a  public  or  private  nature  5*  [defiring,  on  account 
of  ilinefs,  to  be  excufed  ferving  any  longer  in  parlia- 
ment^.] 

*  I  cannot  think  it  confiftent  with  the  honour  and 

*  dignity  of  this  houfe/  (feysMr.  Plumer  in  the  debate 
on  the  Spanifo  war,\/^.  D.  1738.)  *  to  give  people  with-^ 

*  out  doors  any  /hadcw  of  reafon  for  fufpedling,  that 

*  the  refolutions  of  this   houfe  a.  e   didated  by  our 

*  minifters  of  ftate  \  for,   in   all  our  refolutions,    we 

*  ought  to  fpeak  our  own  fenfe,  the  fenfe  of  thole  w^c 

*  reprefent^  the  ll.nfe  of  the  nation^  and  not  the  fenfe 

*  of  mini[iers  ^Z 

When  king  ^7//^»/,  A.T>.  1694,  refufedthe  royal 
aflent  to  the  lamous  biil  for  free  and  impartial  proceed- 
ings in  parliament,  the  commons  remonftrated,  and 
the  committee  propofed,  among  other  particulars,  to 
addrefs  the  following  to  his  majeiiy  :  *  We  beg,  Sir, 
«  you  will  be  pleafed  to  confider  us  as  answerable 

*  TO  THOSE  WE  REPRESENT.  And  it  i.^  from  y^HJr 
«  gcodnefs  we  muft  expedl  arguments  to  loften  to  them 

*  in  fome  meafure  the  necelTary  hardfliips  they  are 
'  forced  to  undergo  in  this  prefent  conjundure^^.' 


a  LoND.  Mag.  1769.  p.  96. 

b  Ibid.    1767.  p.  308. 

c  Deb.  Com.  x.   234.  d  Ibid,  11.   432. 


Chap.  III.        DISQUISITIONS.  199 

CHAP.     III. 

Arguments  for  Refponfibility  of  Memben  to  the 

People. 

IN  the  debate  upon  the  motion  for  repealing  the 
feptennial  adl,  A.  D.   1734,  Sir  W.  Jf'^'ymdham 
oppofed  Sir  W*  Toung,  who  had  endeavoured  to 
depriciate  the  neceflity  of  refponfibility. 

*  The  gentleman  [meaning  Sir  William]  faid,  that 
we  were  to  have  no  dependence  upon  our  cGTiJl'ituentsi 
he  went  further ;  he  faid  it  was  a  dangerous  depen- 
dance ;  nay,  he  went  further  ftill,  and  faid  it  was 
more  dangerous  than  a  dependance  on  the  crown* 
This  my  worthy  friend  took  notice  of,  and,  with 
his  ufual  modefty,  called  it  a  new  docftrine.  It  is. 
Sir,  not  only  a  new  dodrine,  but  is  the  moil  moo- 
ftrous,  the  mod  flavifti  dodrine  was  ever  heard  5  and 
fuch  a  doftrine  as  I  hope  no  man  will  ever  dare  to 
fupport  within  thefe  walls.  I  am  perfuaded.  Sir, 
the  learned  gentleman  did  not  mean  what  the  words 
he  happened  to  make  ufe  of  may  feem  to  import ;  for 
though  the  people  of  a  county,  city,  or  borough, 
may  be  mifled,  and  may  be  induced  to  give  inftruc^ 
tions  which  are  contrary  to  the  true  intereft  of  their 
country,  yet  I  hope  he  will  allow,  that  in  times 
paft  the  crown  has  been  oftener  mifled  5  and  confe- 
quently  we  muft  conclude  that  it  is  more  apt  to  be 
mifled  in  lime  to  come  than  we  can  fuppofe  the  peo- 
ple to  h^^! 

Though  it  fhould  be  affirmed,  that  a  member  of  par- 
liarrient  is  not  refponfible  to  his  own  conflituents,  yet 
it  would  be  ftrange  to  aflfert,  that  ai/ the  members  may 
negledt  the  remonftrance  of  all  the  confl:ituents   in 

England 
a  D£B.  Com.  viii.   1^9, 


S06  POLITICAL  Book  IV. 

England  to  the  fame  purpoffr.  In  that  c^fe,  the  mem- 
bers co'jld  not  bef^i^dto  be  reprefen^atives  of  the  peo- 
ple o{  England,  but  muft  be  conddtred  as  a  fet  ofab- 
folute  defpots,  adting  for  their  own  private  intercft. 
Bat  this  is  inconfifient  with  the  very  idea  of  eleSiiotiy 
or  of  delegated  power.  And  if  one  member  is  not  re- 
fponfible,  neither  is  another.  It  one  is  refponfible,  all 
are.  If  revol'jtion-principles  are  juftifiable,  that  is> 
if  the  people  may  take  the  power  out  of  the  hands  of  a 
king,  or  government,  wheo  they  abufe  it,  it  follows, 
that  the  king  and  government  are  in  all  cafes  refponfi- 
ble  to  the  people^  and  thai  a  riiajcriiy  of  the  people  can 
at  any  time  change  the  government.  This  is  not  de- 
nying the  danger  and  trouble  of  revolutions,  nor  the 
difficulty  of  determming  what  is  the  fenfe  of  the  ma- 
jority of  the  people.  Bat  if  members  of  parliament 
are  not  obliged  to  regard  inftructions  from  their  con- 
flituents,  -"hat  is  to  become  of  a  poor  t  jwn,  or  coun- 
try-place, unable  to  bear  a  tax  no  way  grievous 
to  other  wealthier  places  ?  1  he  houfe  receives  no  pe^ 
titions  upon  money -htlL-y  becaule  every  place  either 
fends  a  member  or  members  of  its  own,  or  is  repre- 
fented  by  the  county-members.  But,  if  the  houfe  is 
neither  to  be  informed  hy  petition  nor  by  injlruBion^ 
how  is  it  to  be  informeo  ?  This  leaves  an  open  door 
for  the  moft  cruel  oppreihon. 

Lord  Coke  lays,  *  It  is  the  cuftom  of  parliament 
\vhen  any  new  device  .is  moved  for  in  parliament  on 
the  king's  behalf  for  his  aid,  or  the  like,  '[as  a  little 
demand  of  half  a  million  to  pay  civil  lift  debts  '  that 
the  commons  may  anfwer,  1  hey  dare  not  agree  to  it 
without  conference  with  ihciv  countries.  He  gives 
an  inftance  of  this  9  Edw.  III.  which  is  applied,  by 
MrJ  Pulteney  in  the  debate  on  the  excife-fcheme, 
A.  D.  17 ^Z'  ^'^^  ^'''  P^^^^^^y  a^^s,  that  the  ab- 
horrence fhewn  by  the  people  againft  that  fcheme,  was 
a  fufBcient  reason  for  rejecting  it.  So 


Chap.  III.       DISQUISITIONS.  20! 

So  far  from  qucftioning  the  refponfibility  of  mem- 
bers, I  (hould  think  it  reafonable  and  proper  to  demand 
an  oatb  of  the  members  at  their  taking  their  feats,  be- 
fides  the  ufual  oaths  j  I  m6an  an  oath  of  fidelity  to 
their  conftituents,  by  which  they  iTiould  declare  before 
God  and  men,  that  they  come  into  the  houfe  by  the  free 
and  uninfluenced  choice  of  a  true  majority  of  thofe, 
who  by  lawhave  the  right  of  choice;  and  that  they  will, 
in  all  their  fpeechesand  votes,  faithfully  and  zealoufly 
purfue  their  country's  good,  in  ipite  of  all  temptation 
to  the  contrary.  The  moft  incorrupt  parliament  ought 
not  to  refufe  giving  their  conftituents  all  the  fecurity 
in  their  power.  An  honeft  man  does  not  refufe  to 
give  his  bond.  The  moft  virtuous  are  the  moft  de- 
lirous  of  avoiding  fufpicion,  and  the  moft  anxious  a- 
bout  ftanding  in  a  clear  light  before  the  world. 

No  fingle  man,  or  fet  of  men,  ought  to  be  trufted 
with  power  without  account  to  the  people,  the  origi- 
nal proprietors  of  power.  *  There  is  not  upon  earth* 
(fays  the  excellent  Gordon)    *  a  nation,  which  having 

*  had  unaccountable  magiftrates,  has  not  felt  them  to 

*  be  crying  and  confuming  mifchiefs.  In  truth,  where 

*  they  are  moft  limited,  it  has  been  often  as  much  as 

*  a  whole   people  could  do  to  reftrain  them  to  their 

*  truft,  and  to  keep  them  from  violence  ;  and  fuch  fre- 

*  quently  has  been  their  propenfity  to  be  lawlefs,  that 

*  nothing  but  a  violent  death  could  cure  them  of  their 

*  violence.     This  evil   has  its  root  in  human  nature; 
^  men  will  never  think  they  have  enough,  whilft  they 

*  can  take  more ;  nor  be  content  with  a  part,  whea 

*  they  can  feize  the  whole  a.' 

The  hiftory  of  mankind  for  two  or  three  thoufand 
years  backwards  (which  is  as  far  backwards  as  hiftory 
goes)  is  a  fermon  upon  this  text,  Nothing  more  dan-^ 

D  d  gerous 

a  Cato'8  Lett.  hi.  78, 


202  POLITieAL  Book  IV- 

gerous  than  poiver  without  refponfibilify.  But  the 
fpecies  refembles  an  individual.  As  the  fathers  expe- 
rience does  not  make  the  fo?i  wifer,  fo  neither  does  the 
Kiftory  of  the  fufferings  o(  former  generations  teach 
the  Jucceeding  to  fecure  themfelves  againft  the  mif- 
chiefs  of  unaccountable  power. 

*  When  we  eled:  pcrfons  to  reprefent  us  in  parlia- 
*  ment  (fays  a  judicious  writer  ^)  we  muft  not  be  fup- 
pofed  to  depart  from  the  fmalleft  right  which  we 
have  depofited  with  them.  We  make  a  lodgment^  not 
a  gift',  VJQ  entrufi,  hut  part  with  nothing.  And, 
were  it  poflible,  that  they  fhould  attempt  to  deftroy 
that  conftitution  which  we  had  appointed  them  to 
maintain,  they  can  no  more  be  held  in  the  rank  of 
reprefentatives  than  a  fadlor,  turned  pirate,  can  con- 
tinue to  be  called  the  fador  of  thofe  merchants  whofe 
goods  he  had  plundered,  and  whofe  confidence  he  had 
betrayed.  The  men,  whom  we  thus  depute  to 
parliament,  are  not  the  bare  likenefs  or  reflexion  of 
us  their  conftituents;  they  adtually  contain  our 
powers  and  privileges,  and  are,  as  it  were,  the  very 
perfons  of  the  people  they  reprefent.  We  are  the 
parliament  in  them ;  we  fpeak  and  a6t  by  them. 
We  have,  therefore,  SirigJbt  to  know  what  they  zxtfayiitg 
and  doing.  And  fhould  they  contradid:  our  fenfe,  or 
fvverve  from  our  interefts,  we  have  a  right  to  remon- 
ftrate,  inform,  and  diredl  them.  By  which  means, 
we  become  the  regulators  of  our  own  conduft,  and 
the  inftitutors  of  our  own  laws,  and  nothing  material 
tan  be  done  but  by  our  authority  and  confent/ 

The  tyranny  of  the  Eafi  India  governors  ^,  who,  on 
account  of  the  diftancc  of  their  fitUation  from  the  feat 
of  government,  think  themfelves  in  a  manner  out  of 

its 

a  LoNDMAG.y^w.  1760,  p.  33, 
b  Mod.  Univ.  Hist,   x.  144. 


Chap.  III.       DISQUISITIONS.  503 

its  reach  ;  fhews  how  dangerous  it  is  to  truft  power 
without  refponfibility. 

A  few  years  ago,  the  wile  juftices  of  Wejlminjier 
gave  for  one  night  a  difcretionary  power  to  the  con- 
iiables  to  apprehend  and  fecure  all  ftreet-walking 
women.  What  was  the  confequence  ?  Thofc  impe- 
rious brutes  took  up  a  number  of  induftrious  wafher- 
women'going  to  their  bufinefs  before  day-light,  cram- 
med them  into  a  .place  of  confinement  like  the  black 
hole  at  Calcutta^  in  which  one,  or  more,  were  fairly 
fuffocated,  and  found  dead  next  morning. 

See  a  Britijh  houfe  oi  commons  phmde ring  the  peo- 
ple of  above  half  a  million  to  pay  court-debts,  A.  D. 
1773,  at  the  fame  time  examining  with  great  feverity 
into  the  plunderings  committed  in  /ijia  by  the  Eq/i 
India  company's  lervants;  the  accuirs  and  the  ac- 
cufed  alike  guilty,  becaufe  2\\\it  fecure y  as  they  ima- 
gined, from  quejlion.  Thus  the  poet  of  nature  repre- 
sents lady  Macbeth  encouraging  her  hufband  to  murder 
his  fovereign  under  his  own  roof,  by  the  confidera- 
tion,  that  there  was  no  body  who  dared  to  call  them 
to  account. 

In  otlier  countries,  we  find  a  connexion  held  be- 
tween reprefentation  aind  refponfibility. 

The  tribunes  of  the  people,  in  the  times  of  the 
commonwealth  of  Rome^  had  no  will  of  their  own* 
They  were  the  mere  fpeaking- trumpet  of  the  people. 
And  had  the  people  been  regularly  formed  into  dif- 
trids,  in  fuch  manner  as  to  prevent  the  corrupt  popu- 
lace of  that  great  city  from  carrying  every  point  by 
mobbing,  all  would  have  been  well. 

The  deputies  from  the  Swijs  cantons  to  the  gene- 
ral diet,  receive  inftruflions  from  their  conftituents, 
and  think  themfelves  obliged  to  conform  to  them  ». 

The 


a  Simhrif  HfiLVt  D«5CR,  pt  ^76,  —310, 


204 


POLITICAL  Book  IV, 


The  Procuradores,  or  members  for  Caftile,  in  the 
corte  held  at  Madrid,  in  the  beginning  oi  Charles  Y. 
excufed  ihemfelves  from  granting  the  fupplies  he  de- 
fired;  becaufe  they  had  received  no  orders  from  their 
conffituents  i  and  afterwards  receiving  cxprefs  orders 
not  to  do  it,  they  gave  Charles  a  flat  denial. 

1  he  fame  was  the  cuftom  in  France^  before  that 
country  was  enflaved.  The  general  aflemblies  being 
laid  afide,  the  fame  cuftom  is  ftill  [latter  end  of  the 
17th  century]  ufed  in  the  lefTer  aflemblies  of  the  ftates 
in  Languedoc  and  Bretagne.  The  fame  is  obferved 
by  the  deputies  of  the  cities  of  Germany  to  the  diets  ^, 

The  deputies  or  members  of  the  parliament  oi  Paris, 
when  al!  France  was  like  to  be  ruined  by  the  confu- 
fions  in  the  minority  of  Lewis  XIV.  were  afraid  to 
fign  a  compromiie  for  reftoring  the  public  quiet,  Icfl: 
their  conjiituents  (hould  not  approve  of  the  terms  b. 
Our  deputies  are  not  afraid  to  approve  the  meafures 
of  the  court,  though  they  know  them  to  be  the  exe^ 
cration  of  their  corijlituenfs. 

Before  the  people  of  Ireland  obtained  a  limitation 
of  the  time  of  their  parliaments,  they  inftrudted  their 
members,  and  many  places  went  fo  far  as  to  demand 
of  them,  before  eledion,  an  oath,  that  they  would 
vote  for  the  meafurep. 

The  deputies  fent  by  each  of  the  United  Provinces 
to  the  States  General  are  refponfible  only  to  the  refpec- 
tive  provinces  which  fend  them,  and  not  to  the  States 
General.     In  England  our  members  do  not  hold 

:  themfelves 


a  State  Tracts,  Time  of  K.  ^///.  III.  282. 
b  Mod.Univ.  HisT.xxv.  40, 
c  Lond.Mag.  1768,  p.  131* 
d  Janicon^  it  78. 


Chap.  IV.         DISQUISITIONS.  205 

themfelves  refponfible  to  their  conftituenfsy  but  to  the 
houfey  and  the  houfe  to  the  prime  mini/ier.  Thus  the 
people,  who  ought  to  be  alh  are  nothing.  The  faga- 
cious  Dutch  have  guarded  againft  the  danger  of 
lodging  too  irrefponfible  a  power  in  the  hands  of 
their  fupremc  affembly,  or  giving  their  deputies  leave 
to  fell  them.  The  States  General  cannot,  without 
the  unanimous  confent  of  all  the  provinces  (who  arc 
too  numerous  to  be  bribed)  make  peace,  nor  war, 
nor  raife  troops,  nor  make  laws  affeding  the  whole 
republic.  Nor  can  they  repeal  an  antient  ftatute  or 
regulation,  nor  eledt  a  ftadholder,  otherwife  than  at 
the  rifque  of  their  heads,  which  they  accordingly 
hazarded  for  the  public  good,  A.  D.  i668,  when,  to 
check  the  growing  power  of  Lewis  XIV.  at  the  in- 
ftanceof  bir  W.  Temple^  they  figned  the  triple  alliance^ 
and  elecSed  the  prince  of  Orange  ftadtholder,  through 
fear  of  danger  from  flow  counfeis  a. 

The  people  of  New  Eugland  keep  up  the  right  of 
inflruding  their  members  ^. 

C    H    A    P.     IV. 

Unwarrantable  Privileges  ajjltmed  by  the  Houfe  of 
Commonsy  in  confequence  of  inadequate  Reprefenta^ 
tion^  and  too  long  Parliaments. 

IN  confequence  of  the  inadequate  ftate  of  parlia- 
mentary reprefentation,  the  houfe  of  commons 
has  aflumed  fuch  a  fuperiority  over  its  conrtitu- 
ents(and  indeed,  the  burgefles  of  the  meaner  boroughs, 
who,  as  has  been  feen,  have  the  credit  of  eleding  the 

majority 


a  Etat.   Pres,  ^zxjanicofty   1,85.    Rap%  11.650, 


2o6  POLITICAL  Book  IV. 

majority  of  the  houfe,  are  a  fet  of  very  contemptible 
people,  fcarce  capable  of  eleding,  or  of  inftrudiiig) 
that,  delpifing  the  thought  of  being  anfwerable  to 
them,  they  arrogate  certain  privileges,  ^^rJ^r  granted 
by  the  people^  and  affume  the  power  of  proteding, 
excluding,  expelling  their  own  members,  of  deciding 
their  own  caufes,  profecuting,  arrefting,  imprifoning, 
reprimanding,  and  fining  their  employers  at  their  ar- 
bitrary pleafure,  and  according  to  I  know  not  what 
lex  et  ccrifuetucdoparlia?nmti^  which  tramples  on  Mag" 
naCko.rta.  :- J  'he  Bill  of  Rights. 

Sir  WilUciin  'Jones  indeed  argues  ftrongly,  that  the 
law  of  parliament  is  the  law  of  the  land.  But  in 
the  profectiticn  of  Clarendon  *  it  being  uncertain  at 
fi:ft,  which  way  they  fliould  proceed,  precedents  were 
fearched,  and  Sir  Thomas  Littleton  reported,  that  the 
ccnimittee  had  found  '  various  proceedings  in  different 
parliaments.'  What  is  then  the  conjuetudo  parlid- 
menti  ? 

Privilege  and  pre-emminence  of  every  kind  is  invi- 
dious, and  odious  to  the  prrople.  Whoever  wanted 
to  excite  the  Roman  people  againft  the  iena:e,  never 
failed  to  mention  the  law  forbidding  m^arriage  between 
the  patricians  and  plebeians.  Even  where  privilege  is 
bedewed  in  confequence  of  merit,  it  is  but  aukwardly 
brooked.  *  Why  muft  jirijiides  be  honoured  with 
the  Title  of  The  Juft,  more  than  others  ?'  faid  the 
Athenian,  and  voted  his  banifhment  on  that  ac- 
count^. 

All  privilege  Is  a  nuifance,  whofe  extent  is  2/«>J;/^'K.7;; 
becaufe  the  fubjed  is  thereby  in  danger  of  falling  into 
u?tdeJignedoStnQ^.  Butit has alwaysbeen made  apointto 

keep 


a  Deb.  Com.  i.  104. 

b  Plut,  in  Ari2t»  Corn,  iV>/.  in  iod^ 


Chap.  IV.      DISQUISITIONS.  ioj- 

keep  the  extent  of  parliamentary  privilege,  preroga- 
tive royal,  minifterial  power,  &c,  profound  fecrets* 
Thefe  arc  the  arcana  imperii^  in  Englijh,  tricks  of  ilate. 
But  does  the  concealment  of  what  may  be  dangents 
to  the  people,  (hew,  in  government,  a  paternal  ten- 
dernefs  for  the  people  ?  And  is  that  government  any 
thing  better  than  a  tyrannj^  which  fliews  a  want  of 
paternal  tendcrnefs  for  the  people  ?  The  truth  is,  our 
minifters  chufe  to  fecure  Tifmall  convenience  to  them- 
felves  (the  convenience  of  keeping  the  people  in  fear 
of  them)  tho'  at  the  rifque  oi great  lofs  to  the  fubjects. 

I  would  wifh  (fays  James  I.  in  his  fpeech,  March, 
1609^)  that  the  law  were  written  in  our  vulgar 
tongue.— -Every  fubjedl  ought  to  underitand  the  law, 
[and,  among  other  laws,  the  parliament  law]  *  under 
which  he  lives — that  the  excufc  of  ignorance  may  be 
taken  away  from  thofe,  who  do  not  conform  them- 
felves  to  them.' 

*  In  contending  for  the  privilege  of  parliament,  fays 
a  writer  on  general  warrants  t>,  I  defire  to  be  under- 
ftood  to  mean,  not  that  infolent  abufe  of  privilege^ 
which  has  made  its  name  odious,  and  its  exiftencc 
intolerable ;  by  which  members  of  parliament  have 
ufurped  a  power  of  making  them/ekes  ]\iAgts  in  their 
own  caufe,  and  avengers  of  their  own  quarrels  5  by 
which  the  courfe  of  law  2iTiijuJiice  has  been  obJlruEi- 
ed,  juft  debts  with-held  from  many  an  unhappy  cre- 
ditor, and  property  detained  from  its  true  inheritor^ 
I  beg  leave  to  mark  out  a  diftindtion  between  the 
privilege  and  the  prerogative  of  parliament,  defining 
the  one  to  j||c  the  exercifc  of  a  tyrannous  and  opprejivc 
jurifdidtion  over  the  reft  of  the  fubjeds  i  the  other  to 

confift 

a  Harl   Miscel.  i.  12. 
b  Aim,  'D^^t  Com.  vi,  2$S. 


20 


g  POLITICAL         Book  W. 


confift  in  that  proteBion  which  feciares  the  reprefenta-: 
tives  of  the  people  from  the  power  of  the  crown. 
On  keeping  this  privilege  facred  and  inviolate  depends 
the  freedom  of  parliament,  and   of  eonfequence   the 
being  of  our  conftitution.' 

The  only  ufe  of  parliamentary  privilege  from  arreft, 
is  to  prevent  a  tyrant^  or  a  corrupt  courts  from  im- 
pri(oning,  on  pretence  of  debt,  or  diftreffing,  fuch 
members  as  oppofed  their  meafurcs.  But  this  might 
have  been  fufHciently  provided  againft,  without  car- 
rying privilege  to  fuch  an  unreafonable  length,  that 
there  (hould  be  no  time  of  the  year,  when  a  member, 
and  his  dependents,  fhould  be  obliged  to  pay  their 
debts. 

It  is  well  obferved  by  an  eminent  lawyer  in  his 
fpeech  in  parliaments  That  the  privileges  of  the 
members  of  the  houfe  of  commons  might  be  faid  to 
be  thofe  of  the  people,  if  the  members  of  the  houfe 
of  commons  had  no  interell  different  from  that  of  the 
people,  which  he  afHrms,  is  the  very  contrary  of  the 
truth. 

Mark,  how  fublime  the  ftyle  of  the  following. 

*  Refolved  (by  the  commons,  A.  £).  1699)  That 
to  affert,  that  the  houfe  of  commons  have  no  power 
of  commitment,  but  of  their  own  members,  tends  to 
the  fubverfion  of  the  conftitution  of  the  houfe  of  com- 
mons.' 

We  will  allow  the  houfe  of  commons  to  have  much 
higher  powers.  But  let  them  be  powers  jit  for  a 
houfe  of  commons  to  have.  Every  puny  juftice  has 
power  of  commitment.     Again, 

*  Refolved,  That  to  print  or  publim  any  books, 
or  libels,  refleding  upon  the  proceedings  of  the  houfe 

of 

a  LoNB,  Mag,  Jum^  1771,  p.  ^§8. 


Chap.  IV.    D  I  S  Q  U  I  S  I  T  I  O  N  sS.  209 

of  commons,  or  of  any  member  thereof,  for,  or 
relating  to  his  fervice  therein,  is  a  high  violatioa 
of  the  rights  and  privileges  of  the  houfe  of  com- 
mons/ 

This  refolution  puts  an  end  to  all  enquiry  into  the 
behaviour  of  our /"r^^^j,  and  makes  itimpotlible  for  us 
to  call  them  to  account,  or  to  know,  whctlier  it  will 
be  fafe  to  re-eJe^  them  or  Aot,  There  is  fomewhat 
particularly  grofs  and  mean-fpirited  in  ftoppiag  en- 
quiry. It  always  fuggefts  the  idea  of  fomewhatj^  which 
will  not  bear  enquiring  into.  *'  1  care  not,  fays  the 
honefl:  old  philofapher,  if  there  were  a  window  in 
my  breaft,  that  any  body  might  look  in  and  fee  what 
is  paffing  in  my  thoughts."  Felony,  breach  of  the 
peace,  and  trcafon,  deprive  a  member  of  his  privilege  \ 
And  the  commons  lately  gave  up  privilege  in  cafe  of 
feditious  libels.  Thus  we  fee  th^vn magnifying  privi- 
lege againfl:  xht  people,  and  lowering  it  in  fervile  com- 
plaifance  to  the  couri  ;  diredly  contrary  to  what  the 
fpirit  of  liberty  would  didate. 

Sir  Charles  Sedley  obfervcs,  in  hisfpeech,  A.  Z).  1 699. 
that  when  complaint  was  made,  that  great  part  of  the 
revenue  remained  unaccounted  for,  in  the  hands  of 
the  receivers,  a  member  anfwered,  It  could  not  be 
helped  ;  for  that  thofe  receivers  were  members,  and 
flood  upon  ihdv privilege^.  Nor  is  it  to  be  wondered 
that  they  (hould ;  fince  every  100,000/.  of  the  pub- 
lick  money  kept  back,  yields  4000  /.  a  year  intereft  ; 
and  a  great  officer  of  the  ftate,  whofe  department  lies 
among  the  finances,  may  keep  in  his  own  hands  many 
fuch  fums  for  many  years.     But  this  \s  pocketing  what 

Vol.  I.  E  c  belongs 


a  Blackjl,  Com.  i.  i66. 
b  DsB.  Com.  hi.  195, 


2IO  POLITICAL  Book  IV. 

belongs  to  the  puMcy  and  is  as  honeft  as  it  would  be 
to  fteal  fixpence  a-piece  out  of  100,000  pockets. 

There  feems  to  be  a  finall  inconfiftency  between  the 
qualification  ad  and  iht privilege  of  members  againft 
arreft  for  debt.  The  former  fays.  No  man  (hall  be 
member  for  a  county,  if  he  has  not  600  /.  a  year 
clear,  nor  for  a  city  or  borough,  unlefs  he  has  300  /. 
But  the  privilege  fuppofes,  that  a  member  may  be 
unable  to  pay  his  debts  5  and,  in  that  cafe,  provides 
againft  his  being  arrefted,  to  the  great  inconvenience 
and  iofs  of  thofe,  who  have  trufted  members.  Now» 
if  it  be  improper  that  a  needy -xn'aiti  be  a  member  of  the 
houfc  of  commons,  why  muftthis  needy  man  hepri* 
vileged  againft  arrefts  ?  Why  ftiould  not  the  bailiffs 
have  him,  and  another  be  eleded  in  his  room  ?  If  it 
be  faid,  the  arreft  may  be  litigious  -y  it  may  be  the 
contrivance  of  a  villainous  minifter,  to  put  a  friend  to 
liberty  out  of  the  way  on  a  critical  occafion  ;  the 
anfwer  is  fhort.  Let  the  houfe  of  commons  bail  the 
arrefted  member,  if  they  underftand  this  to  be  the 
cafe  5  if  not,  let  him  be  given  up  to  his  creditors. 
This  would  equally  fecure  the  member  againft  minifte- 
rial  tricks,  and  the  creditor  againft  abufe  of  privilege. 
It  is  criminal  in  any  man  to  contract  debts,  which  it 
is  improbable  he  fhould  ever  be  able  to  pay.  It  is  cri- 
minal to  protedt  fuch  a  debtor.  Which  dodrine,  by 
the  way,  condemns  all  our  too  daring  merchants, 
bankers,  &c,  who  take  whatever  credit  they  can  have 
in  confequence  of  the  too  eafy  credulity  of  mankind, 
and  extend  their  adventures,  by  which  only  them- 
felves  can  be  gainers,  at  the  peril  of  hundreds,  who 
may  be  undone  by  them.  But  a  member  of  parlia- 
ment, a  legiflator,  ought  not  to  be  fuppofed  capable 
of  ever  coming  into  fuch  circumftances,  as  to  be  liable 
to  arreft  for  a  juft  debt  j  or  if  he  does,  he  ought  to  be 

left 


Chap.  IV.       D I  S  QUI S  I T  ION  S,  211 

kft  to  the  fame  law  with  other  bankrupts.  Where 
then  is  the  honeft  ufe  of  this  parliamentary  fcreen  ? 
For  it  is  to  beobferved,  that  privilege  fcreens  a  mem- 
ber 40  days  before  and  40  days  after  the  fitting  of  the 
houfe,  againfl:  arreft  for  the  mod  jt^Ji  debt,  and  for  all 
forts  of  offences,  that  do  not  come  up  to  felony,  breach 
of  the  peage,  treafon,  or  feditious  libels. 

-^.  i).  1 541,  the  commons  begun  privileging  from 
arreft  for  debt  by  writ  from  the  fpeaker.  In  former 
times,  it  was  done  by  writ  from  the  chancellor  ^. 

It  IS  plain,  that  all  the  privileges  affumed  by  mem- 
bers of  parliament  are  not  neceffary  for  the  puMcJer^ 
vice,  whatever  they  may  be  for  their  pride  -,  for  they 
have  often  been  difpenfed  with.  An  ad  was  made, 
A.  D.  1641,  for  laying  down  the  privileges  of  parlia- 
ment for  a  feffion,  becaufe  the  citizens  complained 
that  they  loft  money  by  them  \ 

The  freemen  and  citizens  of  London^  m  their  peti- 
tition  to  parliament,  A,  JD.  1646,  complain  of  many 
members,  who  ftand  upon  privilege,  and  refufe  to  pay 
their  debts  S 

An  order  was  made,  yf.  D.  1647,  ^^^^  ^^  perfons 
under  authority  of  parliament,  but  the  members,  ftiall 
have  protedion  or  immunity  by  reafon  of  privilege, 
nor  any  member  be  free  from  adlion  or  profecution, 
but  obliged  to  anfwer.  Only  iki€vc  perfom  not  liable 
to  arreft^ 

In  the  year  1647,  the  commons  ordered,  that  from 
January  20th  of  that  year,  none  but  members  (hould, 
during  that  feffion,  have  protection  by  privilege  of  the 
houfe,  in  any  fuit^  and  that  the  eftates  of  members  be 

liable 


a //i«»z^*s  Hist.  TuD.   ii,    249. 
b  Parl.  Hist.  x.  50. 
c  Ibid,  XV.  233.  d  Ibid,"  xvi.  486. 


212  POLITICAL  Book  IV, 

liable  for  debt,  &c.  And  the  fame  year,  Ae  peers 
gave  up  thole  lords,  who  by  reafon  of  their  offences, 
had  not  liberty  to  fit  in  parliament,  to  be  profecuted 
by  fuits  of  law,  and  likewife  their  attendents,  as  if 
there  were  no  parliament  ^. 

Privilege  of  members,  as  to  peifon  and  eftate,  was 
taken  off,  A.  D.   i^4.g^. 

The  lord  mayor,  aldermen,  and  commons,  ^.  D, 
1646,  complained  to  parliament,  that  many  were 
fufferers  by  protedion  of  privilege  ;  they  complained 
of  jealoufies  fomented  between  parliament  and  city, 
and  their  mayor  fufpended  5  define  that  the  debts  due 
by  parliament  to  the  city  may  be  put  in  courfe  of  pay- 
ment <=.  The  Lords  anfwer  with  great  acknowledge- 
ments of  the  important  fervices  of  the  city,  which 
they  promife  never  to  forget  j  and  to  do  every 
thing  in  their  power  for  redrcffing  the  ccmpLints  of 
the  citizens,  and  particularly  of  the  lord  mayor,  of 
whom  they  fpeak  very  highly.  Commons  give  it  a 
very  cold  reception.  LudloWy  in  his  Memoirs,  calls 
the  petition  an  infulent  addrefs,  and  the  commons' 
anfwer,  a  declaration  that  they  would  preferve  their 
authority  and  not  be  dictated  to. 

A  ftanding  order  of  the  houfe  was  publiflied,  ji.  D^ 
1709,  againft  members  giving  protections^. 

The  commons,  A.  D.  1678,  put  a  flop  to  all  pro- 
teftions  granted  by  members  to  any  but  menial  fer- 
vants  adually  in  fervice.  A  great  grievance  by  abufe 
of  privilege  «. 

A  good  adl  was  made,  A.D.  1701,  for  explaining 
parliamentary  privilege,  which  was  a  great  nuifance, 

obftrud^ 


a  Whitelock^i  Mem.  287,  290. 

b  Parl.  Hist.  xix.  98.  c  Ibid  xiv.  421, 

d  Deb.  Com,  xit  321.  c  Ibid,  i.  ;?76, 


Chap.  IV.         DISQUISITIONS.  213 

obftruding  the  courfe  of  juftice,  and  preventing  the 
demand  of  juft  debts  from  year  to  year  ;  for  the  lef- 
fions  of  parliament  being  prorogued  from  period  to 
period,  the  whole  year  round  was  a  time  of  privilege. 
So  natural  is  it  to  overftretch  power  in  our  own  favour. 
Dodderidge  traces  privilege  for  the  fervants  of  members 
back  to  b  Hen.  VI. ^  , 

A  D.  \joj^  A/gill,  a  member,  was  in  debt.  His  cre- 
ditors petitioned  the  houfe,  that  he  may  not  be  defend- 
ed by  privilege  from  paying  ajuft  debt.  It  happened 
that  j^Jgill hdid  written  a  filly  pamphlet  about  the  pof- 
fibility  of  going  to  heaven  without  dying.  1  he  houfe 
took  the  opportunity  of  this  pamphlet  to  expel  him, 
on  the  ftatote  of  blaiphemy,  I  fuppofe,  without  either 
violating  privilege,  or  fcreening  a  bad  man  from  pay- 
ing his  juft  debts  b.  Why  iliould  not  all  privileges 
both  of  lords  and  commons,  be  put  on  this  footing, 
that  no  member  of  either  houfe  be  liable  to  arreft,  but 
with  con  rent  of  the  houfe,  and  the  houfe  always  to 
confent,    unlefs  when  the  caufe  is  litigious  or  unjufl? 

When  it  was  moved,  that  letters  of  members  go 
free  during  the  fitting  of  the  houfe,  Sir  Her.eage  Finch 
faid  it  was  a  beggarly  propofal.  The  lords  left  out 
the  provifion,  and  the  commons  agreed  ^, 

A.  D  1690,  Mr.  Montague  w^s  charged  in  execu- 
tion for  507  <  /.  He  was  at  the  fame  time  elected 
member.  The  houfe  of  commons  was  puzzled, 
whether  he  could  be  received.  But  they  found  prece- 
dents in  the  preceeding  parliament,  and  that  lord  Coke, 
Inst.  3.  affirms,  that  all  perfons  are  eligible,  except 
aliens,  minors,    and  perfons  attainted   of  trcafon  or 

felony. 


a  Pref.  b  Deb.  Com.  iv.  y. 

c  Parl,  Hist,  xxiii.  56,  63. 


214  POLITICAL  Book  IV. 

felony  \  It  is,  however  to  be  remembered,  that 
noblemen,  clergymen,  women,  lunatics,  commiffio- 
ners  of  cuftcms,  and  feveral  other  placemen,  are  not 
eligible ;  and  that  a  member  for  a  county  muft  have 
a  qulification  of  600  /.  a  year,  and  for  a  city  or 
borough  300/.  a  year.  But  the  &^/^/6,  and  univer- 
fities  are  exempted  from  qualifications. 

Sir  Thomas  Shirley,  a  member,  was  imprifoned  for 
debt  in  the  time  of  Jam.  I.  The  ferjeant  at  arms 
was  fent  to  the  Fleet  by  the  houfe  to  demand  him. 
The  warden  refufes;  The  commons  fend  for  the 
warden,  and  commit  him  to  the  Tower.  A  difpute 
arofe,  whether  the  houfe's  imprifoning  the  warden, 
could  indemnify  him,  in  cafe  of  his  prifoner's  efcap- 
ing,  during  his  abfence.  Some  propofed  to  fend,  and 
break  open  the  prifon,  and  bring  away  Sir  T/jomas  by 
force.  [A  whimfical  application,  fa  rely,  of  legijla^ 
//^'^  power.]  The  fpeaker  overruled  this  motion  ^ 
telling  the  houfe,  that  it  would  be  adlionable.  Af- 
ter much  debating,  they  fent  for  the  warden  again, 
and  put  him  into  the  dungeon  called  Litde  eafe. 
The  warden  offers  to  releafe  Sir  Thomas  if  two 
members  will  be  fecurity  for  the  debt.  The  houfe 
refufes.  At  laft  they  privately  defire  the  king  to 
order  the  warden,  on  his  allegiance,  to  releafe  Sir 
Thomas^. 

Mr.  Ferrers,  member  for  Plymouth,  was  arrefted 
for  debt.  A,  D.  1542,  going  to  parliament,  and 
carried  to  the  Counter.  The  ferjeant  of  the  commons 
was  fent  to  the  Counter  to  fetch  him.  The  people  at 
the  counter  r'efifted  the  ferjeant,   who  complained  to 

the 


a  Bohun^s  Right  of  Elect.  276. 
b  Parl.  Hist,  v.  113. 


Chap.  IV.        DISQ^UISITIONS.  215 

the   fheriffs.     They   took    part    with  their   officers^ 
The  ferjeant  returned  to   the  houfe,    and   informed 
them.  The  commons  refent  highly.  They  rofe,  and 
went  to  the  houfe  of  lords,  to  whom  they  related  ths 
affair.     The  lords  and  judges  declared  the  contempt 
very  atrocious,   and    referred  the   punifliiiient  to  the 
commons,  who  returned  to  their  houfe,  and  fent  their 
ferjeant  to  the  flieriffs  with  his  mace,  without  a  writ^ 
though  the  chancellor  offered  them  one.  In  the  mean 
while  the  flieriffs  refolved  to  change  their  fcheme,  and 
deliver  up  Mr.  Ferrers  to  the  ferjeant.   The  commons 
ordered   the   Sheriffs  to  attend  them,  with  the  clerks 
and  officers  of  the  Counter.     They  likewlfe  ordered 
their  ferjeant  to  take   into  cuftody  White^  the  perfon 
who  had  arrefted  him.     The  fiieriffs  and  White  were 
fent  to  the  Tower,  the  clerk  of  the  Counter  to  a  place, 
in  the  fame  prifon,  called  Little  eafe,  and  the  officer, 
who  arrefted  Mr.  Ferrers^  and  four  others,  to  New- 
gate, who  were  not  fet  at  liberty,  till  the  lord  mayor 
petitioned  for  them  ^.     Was  this  conteft  fuitabk  to 
the  dignity  of    the  houfe   of  commons  ?    A   battle 
between  the  gaolers  of  the  Counter,  and  the  repre- 
fentatives  (fuch  they  ought  to  be)  of  the  greatejl  ^^O" 
pie  in  Europe  I 

It  is  notorious,  that  from  time  immemorial,  the 
houfe  of  commons  has  affumed  to  itfelf  a  power  of 
trying,  condemning,  and  punifliing,  in  cafes,  where 
itfelf  is  the  offended  party,  and  often  in  a  very  arbi- 
trary manner,  and  without  due  regard  to  the  {landing 
laws  of  the  land.  An  affcmbly  of  reprefentatives 
cleded  in  an  adequate  manner,  and  holding  their 
power  a  competent  time,  and  upon  the  foundation  of 
refponfibility  to  conftituents,  would  not  have  fallen 
into  this  error. 

The 


2i6  POLITICAL  Book  IV. 

The  Mirror   of  Justice   fays,    '  Parliaments 

*  were   ordered    to    hear    and    determine  all    com- 

*  plaints  of  wrongful  adts  done  by  the  king,  queen, 

*  or  their  children,  and  fome    others,  againft  whom 

*  common  right  cannot  be  had  elfewhere  »/  There- 
fore offending  fubieds  are  to  be  tried  at  laWy  and  not 
by  parliament.  It  is  not  by  a  power  of  apprehending 
and  imprifoning,  that  the  dignity  of  parliament  is.  to 
be  kept  up,  any  more  than  the  credit  of  religion  by 
fire  and  faggot.  On  the  contrary,  thefe  violences 
neceffarily  bring  both  into  contempt,  becaufe  they 
fuppofe,  that  they  are  not  fufficient  for  their  own  fup- 
port  without  thefe  unnatural  helps.  Let  your  religion 
be  rational,  and  your  parliament  incorrupt,  and 
they  will  defy  abufe.  Who  ever  heard  of  the  vene- 
rable court  oi  ylreopagusy  or  the  more  venerable  one 
of  the  Amphi5isonSy  lending  cut  their  ferjeant  at  arms 
to  apprehend  the  writers  of  pamphlets  againft  them  ? 

It  leems  ft  range,  that  a  part  of  the  hgijlature  fhould 
fhcw  fc  little  r^jpeB  lor  the  laws^  as  to  fet  up  its  own 
unknoiim  and  hafly  refolutions  as  a  better  rule  of  con- 
dudt  \i:.x  judges,  &c.  than  the  known Jolemn  ads  of  the 
whole  parliament.  Yet  we  often  i^e  them  doing  fo. 
Sir  Francis  Fembertotiy  judge  of  the  court  of  kings' 
bench,  had  ever-ruled  a  plea  of  an  order  of  the  hcufe 
of  commons.  A,  D.  1689,  for  arrefting  certain  perfons, 
and  defended  his  proceeding  5  for  that  it  was  accord- 
ing to  /aw  K  Rcfolved,  That  the  judgments  given  by 
Pemberton,  Jones,  &c.  are  illegal,  and  a  violation  of 
the  rights  of  parliament,  and  that  a  bill  be  brought  in 
to  rcverfe  thole  judgments.  Another  cafe  of  the  fame 
kind  relating  to  a  judgment  of  the  court  of  king's 
bench  on  information  againft  Williams,  fpeaker  of  the 

houfe 


a  Dbb.  Lords,  i.  2<^6,  b  Deb.  Com.  11.  339* 


Chap.  IV.        DISQUISITIONS.  217 

houfe  of  commons,  for  matters  done  by  order  of  the 
houfc,  was  refolved  illegal,  and  againfl:  the  freedom  of 
parliament,  and  that  a  bill  be  brought  in  to  reverie  it^. 
Pemberton  and  Jones  ^n^^q  ex^imined  a^ain,  and  put  in 
cuftody  of  the  lerjeant  at  arms  ^.  Judge  Berkley  was 
taken  ofFof  his  bench  in  fVeftmififter-Hall,  ^.D.1640, 
by  the  uflier  of  the  black  rod,  to  the  great  terror  of 
his  brethren  c.  In  thofe  days  the  houfe  of  commons 
was  venerable^  as  being  known  to  adt  according  to  the 
general  lenfe  of  i\iQ  people.  Therefore  the  people  did 
not  grudge  them  any  degree  of  power.  In  corrupt 
times,  when  the  people  fee  their  pretended  reprefen- 
tatives  afting  conftantly  in  obedience  to  a  defigning 
court  i  they  wi(h  their  ^o^tx  retrenched^  though  the 
retrenching  of  the  power  of  the  houfe  of  commons  is 
not  the  proper  means  for  redrefling  the  evil  3  but  cut- 
ting off  the  communication  between  it  and  the  court  ; 
of  which  more  in  the  fequel. 

The  following  inftances  (hew  what  power  has  beeri 
formerly  allowed  our  parliaments,  when  the  people 
had  a  confidence  in  them.  A.  D.  1680,  Scroggs  was 
impeached  of  treafon,  Greit  queftion  was  made, 
whether  he  could  be  accufed  of  treafon,  or  of  high 
crimes  and  mifdemeaners  only.  It  was  argued,  that 
parliament  may  punifli  as  treafon  any  crime  tending  to 
the  deftrudion  of  the  nation,  though  not  declared  to 
be  treafon  by  25  Edw.  III.  Trejilian  and  his  accom- 
plices were  condemned  in  parliament  for  crimes  not 
before  declared  felony,  by  any  promulgated  law. 
Empfom  and  Dudley  the  fame.  Finch  and  Berkley  were 
condemned  by  parliament  of  treafon  for  the  fame 
crimes  as  thoie  charged  on  Scroggs,  &cc.  The  judges 

Vol.  I.  F  f  in 


a  Deb.  Com.  ii.  339,  341,  b  Ibid  p.  345, 

cParl.  Hist.  ix.  94. 


2i8  POLITICAL  Book  IV. 

in  Richard l\.\  time  were  condemned  for  giving  ex- 
trajudicial opinions.  A  knight  of  Chefiire  was  con- 
demned for  confpiring  the  death  of  the  king's  uncle. 
An  earl  of  Northumberland  for  giving  liveries  to  fo 
many  that  they  were  xhought  a  little  army.  None  of 
thefe  were  declared  felony  by  any  previous  flatute  ^. 

The  commons,  however,  made   a  bad   ufe   of  the 
people's  confidence,  and  began  to  ufe  their  power  in  a 
tyrannical  and  oppreffive  manner.     Accordingly  the 
judicious  writer  of  a  piece,  entituled,T/6^  Su bje 51  s  Right 
of  Petitioning  ^  (which  was  written  on  occaiion  of  the 
commons  imprifioning  the  Kentijh  petitioners,  A.  D. 
3701)  obfervcs,  that  great  numbers  of  other  fubjedts 
*  had  ht^vi  imprifoned  by  them^the  fame  feffion,  to  the 
horror  and  amazement  of  all  thofe,  who  knew  the 
rights  and  liberties  of  the    people  of  England-,  and 
therefore  could  not  but  be  concerned  to  fee  them  fo 
miferably  infringed  5  and    that  it   was   ncccflary,  in 
order   to  prevent  fuch  ads  of  power  for  the  future, 
to  (hew,  that  they    were   mere  adts    of  power,   and 
manifefl  encroachments  on  the  rights  and  liberties   of 
the  people.     He  (hews,  that  the  common  law  was 
formerly  fo  tender  of,  the  fubjed's  liberty,  that  it  fuf- 
fered  none  to  be  imprifoned,  but  for  violence   and 
breach  of  the  peace.  The  lords  brought  in  the  cuftom 
of  imprifoning  35  Hen,  III.  by  the  Stat.  Marlbr. 
for  obliging  bailiffs,  or  coiledors  of  rents,  to  make  up 
their  accounts.     Afterwards,     23   Edw.  III.   it   was 
cnadled,  that  debtors  fhould  be  compelled  by  imprif- 
onment  to  pay  their  debts.      But  if  a  debtor  died  in 
prifon,  the  debt  was  paid.     And  by  i  Edw.    II.  no 
one  was  to   be  punifhed  for  breaking  prifon,  *  foraf- 

much 


a  Deb.  Com.  i  i.  59. 

b  State  Tracts,   time  of  K.  Williamt  in.  265, 


Chap.  IV.      DISQUISITIONS.  219 

much  as  one  is  warranted  to  do  it  by  the  law  of 
nature/  fays  the  Mirror.     By  Magna  Charfa,  '  no 
free  man  (hall  be  taken,  or  imprifoned,   but  by  judg- 
ment of  his  peers,  or  the  law  of  the  land  ;  which  is 
explained  by  25  Edw.  III.  to  be  a  fecurity  againfl 
imprifonment    by  petition  or  fuggeftion   to  the  king 
or  his  council,  or  in  any  other  way  than  due  courfe  of 
law  [no  mention  of  a  vote  of  the  Houfe  of  Commons,] 
It  is   certain,   fays  that  writer,  that  men,  imprifoned 
by  the  commons^  underwent   no  judgment    of  their 
feersy   were  not  committed  by  any  kga/  procefs,    or 
by  any  law,  that  we  know  in  this  land  a.'  He  infifts, 
that  the  commons  have  no  right  to  imprifon  any,    but 
their  own  members,    and  that  only  when  abiolutcly 
neceflary.     The  members  kno\y    this  power  of  the  ^ 
houfe,  and  voluntarily    expofe  themfelves  to  it,   by  ^ 
going  into  the  houfe;    which  other  fubjedls  do    not  j    . 
but  claim  the  privilege  given  them  by  Magna  Cbarta. 
He  owns,  likewife,  that  there  may  be  fome  pretence 
for  imprifoning  perfons  not  members,  when  guilty  of 
breach    of  privilege,     or   contempt.       [In    which  I 
think  he  makes  too  large  a  conceffion.     J  fee  not  the 
juftice,  nor  even  the  common  decency  of  any  fet  of 
men  whatever    (I  am   of  opinion  the  two  houfes  of 
parliament  are  but  men)  punifiiing  any  offence  againfl 
themfelves.     There  is  no  poffibJe  cafe,  in  which  2ijury 
may  not  decide.]     Confinement  by  the  commons  alone^ 
he  obferves,    is  an  encroachment  on  the  Icgiflature, 
which  confifts  of  king,  lords,  and  commons  ^.     The 
commons  fending  the  fubjedls  to  prifon,  even  thobgh 
guilty,  is  afluming  the  office  of  the  executive^  which 

belongs 


a  State  Tracts,  time  of  king  ^«7//5»;,  iii.  267, 
b  Ibid.  268. 


220  POLITICAL  Book  IV. 

belongs  to  the  king,  the  commons  being  of  the  legijl- 
lathe  only.    A  power  in  the  commons  of  imprifoning 
is  a  mockery,  he  thinks,  of  the  people's  liberty  ;  be- 
caufe  a  free  people  ought  to  be  liable  to  no  punifli- 
ment,  but  in  confequence  of  fome  known  {landing  law. 
Judges,  andjuftices  of  the    peace  have  a  power  of 
impriioning  in  confequence  of  their  being  impowered 
by  the  king  to  execute  the  laws,  which  the  commons 
are  not.     The  commons  have  no  need  of  a  power  to 
puni(h,    bccaufe  they   may  apply   to  the  executive 
whenever  a  known  law  is  violated,     [Even  the  fovC" 
raine  cannot  punilh  an  offence  againft  himfelf.     The 
offender  is  tried,   and  condemned   by  indifferent  per- 
fons,  'viz.  judges  and  juries.]     The  houle  of  com- 
mons has  no   powec  to  decide  concerning />r(9^^r(y  j 
how  then,  he  fays,  can  it  take  away  perfonal  liberty^ 
which  is  more  valuable  ?  He  fays,  the  power  of  im- 
prifoning was  but  juft  then  affumed  by  the  commons,, 
and  could  not  plead  cuftom,  or  prefcription.     Too 
great  a  power  in  •the  houfc  of  commons,  he  fays, 
may  produce  great  mifchief  many  ways;  particularly 
by  difgurting  the  people  againft  parliamentary  govern- 
ment, and  driving  them  to  fuch  a  proceeding  as  that 
cf  the  DaneSi  who,   to  be  free  from  the  tyranny  of 
their  lords,    made  themfelves   flaves  to   their  king. 
When  there  is  reafon,  he  fays,  to  fufpcft  a  great  pre- 
valency   of   bribery  and  corruption  in  the  houfe  cf 
commons,  it  is  time  for  the  people  to  fee  to  the  re- 
trenching oi  iht\r  power;  [the  cutting  cfF  of   court 
influence^    he    fhould  have  faid]  for  that  a   corrupt 
houfe  of  commons  may  be  expeded  to  make  them- 
felves formidable  to  the  people,  in  order  to  be  of  con- 
fequence to  the  court,  and  todeierve  the  more  liberal 
fay\ 

No 

a  State  Tracts,  time  of  king  ^i/Iiam,  ill*  270* 


Chap.  IV.         DISQUISITIONS.  221 

No  fet  of  men  empowered  only  to  make  laws^  can, 
without  an  exprefs  commiffion  from  the  people,  alter 
the  conllitution,  becaufe  it  is  only  upon  the  principles 
of  the  conliifutionj  that  they  had  their  power  entrufted 
to  them  5  and  the  principles  of  the  conftitution  will 
never  bear  them  out  in  overthrowing  the  conftitution^ 
The  people^  whofe  original  and  inherent  power  efta- 
blifhed  the  conftitution,  may  change  the  conftitution, 
or  empower  a  fet  of  men  to  change  it. 

Writers  on  the  fide  of  this  aflumed  boundlefs  par- 
liamentary privilege,    by  accuftoming  themfelves  to 
think  of  the  houfe  of  commons  as  the  reprefentative  of 
the  people,  fall   into   the  miftake,  that   whatever  is 
right  for  the  one  is  right  for  the  other  likewife,  and 
that  whatever  the  p^dfle\  power   reaches  to,  is  like- 
wife  within  the  reach  of  the  aflembly  of  reprefenta^ 
fives.     And  this   is,    generally   fpeaking,  true.     But 
there  is  a  diftindion  to  be  made.     The  people  have 
certain  incommunicable  powers,  which  their  reprefen- 
tatives  can  upon  no  occafion  challenge  to  themfelves. 
The    people   alone   can  eleSl  repreientatives.      The 
whole  body  of  reprefentatives  have  not  in  themfelves 
the  power  to  take  into^    to  exclude y  or  to  expel  from 
their  houfe  one  fingle  member,    otherwife   than  ac- 
cording   to  notorious   and  ftated  laws  made  by  the 
whole  legiflative  power,  and  aflented   to  by  the  people^ 
This  may  be  explained  by  comparing  it   with   the 
king's  power  of  commitTioningembaffadors  for  foreign 
courts ;  which  power   is  incommunicahly  inherent  in 
him,  in  fuch  manner,  that  all  the  embafladors  em- 
ployed by  the  king  cannot  by  any  power  of  their  own 
lend  an  embaflador  to,  or  difmifs,  or  expel  one  from 
the  moft  inconfiderable  court.     Yet  every  embaflador, 
when  furniftied  with  his  credentials,  has  the  power 

of 


222.  POLITICAL  Book  IV. 

of  reprefenting  the  king  his  mafters's  perfon  at  the 
court  to  which  he  is  lent,  in  all  thofc  matters  and 
things  which  enter  into  the  fundlion  of  an  embaffador. 
Again,  the  people  alone  have  the  power  of  determin- 
ing for  how  long  a  period  they  will  continue  their  re- 
prefentatives  in  office.  The  aflembly  of  reprefenta- 
tives  have  not  power  to  continue  their  own  authority 
one  day  beyond  the  time,  for  which  they  were  elected. 
If  they  have,  they  may,  at  any  time,  ere6t  themfelves 
mio  peers,  and  infift  on  keeping  their  feats  for  life. 
Again,  an  aflembly  of  reprefentatives  have  no  power 
to  aflame  to  themfelves  any  unprecedented  privilege  ; 
but  the  people  have  power  to  confer  on  their  reprefen- 
tatives what  privileges  they  pleafe,  to  limit  them  as 
they  pleafe,  and  even  to  new-dfedel  the  whole  go- 
vernment; 

In  the  cafe  of  a  court  of  diredors,  eftabliflied  by  a 
trading  company,  it  is  univerfally  underfliood,  that  the 
direftors,  when  once  eftabliflied  by. the  proprietors, 
have  power  to  do  whatever  the  proprietors  could  do 
for  the  common  advantage  of  the  company,  this  power 
being  ftill  left  to  the  explication  and  limitation  of 
the  proprietors.  But,  when  a  direftor  dies,  orrefigns, 
the  court  of  directors  cannot  put  another  in  his  place. 
This  is  the  incommunicable  privilege  of  the  proprie- 
tors. Nor  can  the  directors  lengthen,  beyond  the  in- 
tention of  their  ^c?^/V2/^;z/5,  the  time  for  which  they 
were  appointed.  Nor  can  they  sflume  to  themfelves 
any  one  power  ov  privilege,  different  from  thofe  given 
them  by  the  proprietors.  Nor  can  they  refufe  a  duly 
elected  director,  nor  take  in  one  of  their  own  chufing, 
nor  ^a:/^/ one  chofen  by  the  proprietors,  otherwife  than 
according  to  the  laws  of  the  company,  and  the  powers 
orginally  repofed  in  them.  Nor  can  they  alter  any 
thing  fundamental  in  the  conftitution  of  the  com- 
pany i 


Chap.  IV.       DISQUISITIONS,  223 

pany  j  but  the  proprietors  can  5  fo  far  as  to  the  total 
diffolution  of  the  incorporate  body.  Therefore,  when 
Mr.  Prynne  was  threatened  by  Sir  H.  Fane  and  Sir 
ji.  Hafelrig^  to  be  voted  out  of  the  houfe  of  com- 
mons, A.  D.  1659,  he  anfwered,  «  He  knew  of  no 
one  in  the  houfe  who  had  a  right  to  vote  him  out, 
being  equally  entrujled  with  themfelves  for  the  whole 
nation,  and  thofe  he  reprefented  \' 

As  to  the  pov/er  affumed  by  the  houfe,  of  fending 
for  perfons,  papers,  and  records,  and  of  reprimanding 
fining,  imprifoning  offenders,  it  has  long  been  que- 
ftioned,  and  never  rightly  eftablifhed.  Burnet  writes 
of  it  as  follows ;  *  The  commons  could  not  receive 
an  information  upon  oath^  nor  proceed  againft  thofe 
Vfho  refufed^.  Their  right  of  imprifoning  any  be- 
fides  their  own  members,  was  inquired  into,  and  it 
was  found  to  be  built  on  no  law,  nor  pra5lice^  older 
than  queen  Elizabeth.  Several  people  therefore,  when 
fent  for  in  cuftody  of  the  ferjeant  at  arms,  refufed  to 
attend  c/ 

When  the  commons,  in  the  third  parliament  under 
Ch.  II.  imprifoned,  too  arbitrarily,  many  of  theabhor- 
rers,  or  court  party,  the  clamour  turned  againft  them, 
and  one  St ow el ^ooiio'i  the  defenfive  againft  the  fer- 
jeant, when  he  came  to  apprehend  him,  faying,  The 
commons  had  no  law  for  imprifoning.  He  got  the  bet- 
ter. And  the  commons,  to  fave  their  authority,  drop-- 
ped  the  matter,  and  granted  Stowel  a  month  to  recover 
frcm  an  indifpofition,  which  he  had  not  d. 

It  is  manifeftly  an  irregularity  for  the  houfd  of  com- 
mons, which  is  only  d,thirdp^i:t  of  the  legiUature,  to  take 

to 

a  Parl.  Hist.  xxi.    395. 

b  Burnetts  Hist,  own  Times,   ii.    121.  C  Ibid. 

d  Hume' i  Hist,  Stuarts,   ii.  310. 


224  POLITICAL         Book  IV. 

to  itCclf fing/y  the  executive  power.  *  The  houfe  of 
commonshas  no  more  power  to  admmifter  an  oath  than 
to  cut  off  a  head, '  fays  Charles  I  ^  The  power  of  the 
houfe  (  as  being  no  court  oi judicature  ( to  examine  wit- 
neffes,  was  queftioned  by  the  lords,  A,  D,  1732, 
Though  the  commons  had  always  claimed  that  power, 
yet  it  was  a  point  ftill  in  difpute  between  the  two 
houfes.  It  was  argued,  that  the  commons  had  dele- 
gated that  power  to  their  committees.  That  mem- 
bers, who  were  juftices  of  the  peace,  could  adminifter 
the  oath  to  the  witnefles,  for  which  their  was  pre- 
cedent. That  that  houfe  was  a  court  of  record,  and 
as  fuch  they  certainly  had  a  power  to  adminifter  an 
oath,  in  any  affair  that  came  properly  before  them. 
But  being  unwilling  to  have  any  difpute  with  the 
lords,  the  debate  was  dropped  b.  There  is  no  flatute 
lawy  by  which  a  conjlitutional  power  is  given  to  the 
houfe  of  commons  to  order  a  paper  to  be  burnt,  and 
the  fheriffs  to  attend  and  fee  it  done.  That  they  have 
ajfumed  this  power  from  time  immemorial,  is  un- 
doubted <^. 

It  was  refolved  by  the  commons,  A.  D,  1689, 
f  that  tailing  by  the  court  of  kings  benchy  perfons 
committed  by  this  houfe,  is  a  crime,  for  which  the 
advifers  may  juftly  be  excepted  out  of  the  indemnifica- 
tion ^.'  The  king's  bench  goes  on,  however,  the  fame 
year,  bailing  by  Habeas  Corpus^  perfons  obnoxious 
to  the  commons.  The  commons  order  the  governor 
of  the  Tower  to  bring  before  them  in  cuftody  of  their 
ferjeant  at   arms,  Sir  Thomas  Jenner  and  others,  tho' 

bailed 


a  Parl.  Hist.  xii.  66. 
b  Deb.  Com,  vii.  242. 
c  Ibid.  247.  d  Ibid.  11.  321, 


Chap.  IV.    DISQUISITIONS.  225 

balled  before  the  warrant  could  reach  them.  N<5t 
giving  latisfad^lion,  on  their  examination  before  the 
houfcj  a  committee  is  appointed  to  prepare  a  charge 
againil:  them.  The  governor  of  the  Tov^^cr  is  ordered 
to  bring  before  the  commons  feveral  lord^,'  and  others^. 
The  commons  prepare  impeachments  againtt  them. 
They  order  feveral  others  into  cuftody  a.  At  the  fame 
time thatthe commons  confulted  lafety,  they  puniflied 
cruelty.  They  ordered  Richard/on,  keeper  of  NtW* 
gate,  to  be  profecuted  for  cruehy  to  his  prifoners^. 

In  the  affair  of  the  printers  in  1770,  it  v^as  argued 
in  the  houfe  of  commons,  that  the  povver  of  iummon- 
ing  perfons  before  them,  and  punilbing  for  reUifal,  is 
necejfaryiov  prefervang  the  purity  of  elections  5  becaufe, 
if  every  returning  ofBcer  may  proceed  as  he  pleales,  and 
laugh  at  the  houfe  of  commons,  there  muli  be  an  end 
of  all  due  elecflion  and  return.  But  we  know  that 
tnany  matters  relating  to  eledlions  are  now  allowed  to 
be  cognizable  in  the  courts  of  law.  Why  (hould  not 
all?  Why  (hould  the  houfe  of  commons  concern 
themfclves  with  any  thing,  but  their  great  obj.cls\ 
viz*  legiflatiorj,  raifmg  fupplies,  and  enquiring  into 
the  condudt  of  w/w//?^rj  ?  One  thing  we  all  kiiow, 
relating  to  this  affair,  viz.  That  if  the  comm,  ns 
Would  go  on  with  their  own  bufinefs,  and  leave  the 
dccifion  of  elcdlicns,  and  breaches  d  chcir  own 
privileges,  to  the  inferior  courts^  ma^na-nimoufly  de- 
clining to  be  judges  in  their  own  caufe,  and  having 
nothing  to  do  with  any  man,  till  he  comes  to  take 
his  feat,  and  has  fatisfied  the  houfe,  that  either  his 
eledion  was  never  qucftioned,  or  it  qurftiontd,  was 
legally  decided,  as  any  other  difference  b-tween  niaa 

Vol.  I.  G  g  and 

a  Deb.  Com,  XI.  356,  b  Ibicl.  3)7» 


226  POLITICAL  Book  IV* 

and  man  ;  it  is,  I  fay,  notorious,  that  if  this  was  the 
lexet  confuetudo parliamentiy  there  would  be  no  opportu- 
nity for  the  refledions  now  fo  commonly  caft  upon 
our  houfe  of  commons,  as  deciding  eledlions  too  much 
in  favour  of  the  <:6?«r/-candidate,  and  as  taking  upon 
themielves  the  inconfijlent  offices  of  plamtifs  Judges, 
and  juries* 

Judge  Elackjione,  in  his  account  of  the  unknown 
and  unlimited  power  and  privileges  of  parliament  S 
feems  to  forget,  that  the  fafety  of  the  people  limits  all 
free  governments.  It  is  true  that  the  people  of  Eng" 
land,  not  being  accuftomed,  till  lately,  to  apprehend 
danger  from  any  quarter,  but  the  throne  (tyranny  hav- 
ing been  an  old  trick  among  kings  from  iV/>«r^/s  time 
down)  have  all  along  encouraged  and  fupported  their 
parliaments  in  extending  their  power,  as  the  only  fure 
bulwark  againft  regal  encroachments.  But  latter  ages 
have  taught  us  the  neceffity  of  looking  out  for  fecurity 
zg2iin{i  parliamentary  encroachments.  And,  the  me- 
thod is  not  by  leffening  the  power  of  parliament,  but 
by  Icffening  the  power  of  the  ccurt  over  the  parliament* 
For  a  parliament  is  not  (as  a  king)naturttlly  hoftile  to 
liberty.  If  ever  a  parliament  comes  tooppofe,  or  in- 
jure the  people,  it  muft  be  in  confequence  of  an  unna-^ 
tural  influence  adting  in  it.  Therefore  our  modern 
male-contents  feem  to  be  in  a  wrong  purfuit.  To  re- 
trench thepower  of  their  reprefentatives,  would  beleffen- 
ing  their  own  power.  To  break  through  the  corrupt  in-* 
fluence  of  the  court  over  their  reprefentatives,  would  be 
making  them  truly  their  reprefentatives.  Take  away 
court-influence,  and  the  558  will  of  courfe  purfuc  the 
intereft  of  their  country,  as  any  other  fet  of  gentle- 
men 

a  Com.  i   161,  et /eq. 


Chap.  IV.       DISQUISITIONS.  227 

men  would  do,  becaufe  their  own  will  be  involved  in 
it,  when  they  have  no  places  or  penfions  to  indemnify 
them.  At  the  fame  time  it  cannot  be  denied,  that 
for  a  houfe  of  commons,  though  ever  fo  incorrupt  and 
uninfluenced  by  the  court,  to  be  ever  grafpingat  new 
privileges,  andaflTuming  new  powers,  defcending  from 
the  dignity  of  reprefentatives  of  the  majefty  of  the 
people  of  Britairiy  taking  upon  themfelves  the  office  of 
the  juftices,  profecuting,  imprifoning,  and  fining,  a 
fet  of  printers  and  bookfellers,  depriving  the  fubjedts 
of  his  trial  by  jury,  and  employing  their  time  in  hunt- 
ing out  fmall  offenders,  while  they  (hould  be  battling 
the  gigantic  enemies  of  liberty  and  virtue,  and  plan- 
ning meafures  for  making  unborn  millions  happy  ;  it 
cannot  be  denied,  I  fay,  that  fuch  proceedings  as 
thefe  are  infinitely  beneath  the  attention  of  a  houfe  of 
commons,  though  it  fliould  be  granted,  that  the  power 
of  the  houfe  of  commons,  being  the  power  ofthQpeo- 
pky  ought  not  to  be  limited.  All  thing  are  lawful  iot 
them  ;  but  all  things  are  not  expedient.  The  truth 
of  the  Aiatter  is,  That  if  our  houfes  of  commons  had 
kept  to  their  proper  fphere,  we  fliould  never  have  feen 
any  libels  againft  them,  nor  any  occafion  for  profecut^ 
ing,  imprifoning,  and  fining ;  or  if  there  had,  the 
courts  of  king's  bench  and  common  pleas  were  open. 

The  following  paffages  from  the  Magazines  Chew 
how  thefe  affumptions  of  the  houfe  of  commons  ap- 
pear to  the  people. 

*  It  is  not  more  known,  than  lamented,  what  an 
authority  the  houfe  of  commons  has  claimed  over 
the  liberty  of  the  fubje<ftj  and  how  numerous  the 
inftances  are  in  our  hiftory,  where,  without  the  fpe- 
cification  of  any  crime ^  or  the  execution  of  any  war^ 
rant,  they  have  voted  a  freeman   of  England  into 

prifoUi 


228  POLITICAL  Book  IV. 

frifon^  and  kept  him  clofely  confined  for  weeks,  nay 
months^  to  the  irreparable  injury,  perhaps,  ot  him 
and  his  family.  To  aggravate  the  cruelty  of  the  pro- 
cedure, they  have  even  voted  evtry  body  who  offered 
to  procure  him  the  leaft  jiijiicef  an  enemy  to  his 
ccunrryj  and  deemed  it  to  the  laft  degree  unpar* 
donable,  that  he  rtiould  have  recourfe  to  thofe  very 
laws,  for  fatisfadlion,  which  they  themfehes  had  efta- 
t  lifhed  tor  his  redrefs.  The  privilege  thus  claimed 
by  the  houfe  of  commons  is  no  lels  rtpugnant  to  the 
laws  of  this  kingdom,  than  it  is  oppofite  to  reafon 
and  nature :  it  then  we  are  defirous  of  reftraining  the 
fervants  cf  the  croivn  from  the  exercife  of  an  arbitrary 
aiJthoritv,  whence  comes  it  that  we  have  never  en- 
deavoured to  reftrain  our  own  \mn\f^&\^it  fervants  from 
the  exercife  of  a  tyranny  pradiied  a  thoufaud  times 
more  freqaen  ly,  and  infinitely  more  replete  with 
llavery  and  deltiu6Hon^?  Perhaps  it  may  be  faid. 
There  is  no  likelihood  that  the  houfe  of  commons 
will  refign  any  part  cf  their  privileges.  What  is  this, 
but  faying,  that  the  augufi:  affembly  in  queftioh,  will 
not  adopt  a  me;ifure  highly  beneficial  to  the  freed  m 
and  happinefs  of  their  country'^  What  is  it,  but  fay- 
ing, that  thc'y  are  fond  q^  a  power  to  treat  thofe  very 
people  as  the  moft  abjedl  let  oifaveSy  whofe  liberties 
they  have  fulemnly  fworn  to  defend?  And  what  is  it 
but  a  pofitive  impbcation,  that  they  are  the  greateft 
of  all  enemies  to  that  very  national  welfare^  which  they 
profeis  fo  tenderly  to  cherifo  and  befriend^V 

Suppofe  a  man  had  perfoitally  oiF^nded  the  majority 
of  the  individuals,  who  happen  to  compofe  3.  jury, 

thdt 


a  LoND.  Mag.  Sept,  1765,  p.  481.  d  Ibid.  482, 


Chap,  m        D  IS  Oy  I  SIT  IONS.  229 

that  is  to  try  him.  Would  not  every  body  acknow- 
ledge, it  would  be  great  fcvcrity  to  refufe  him  the 
ufual  liberty  of  objeciing  to  his  jury  ?  But  Ainpofe 
twelve  men  to  commence  a  profocution  againft  one  ; 
and  that  thofe  very  individuals  are  immediately,  in 
the  very  r^^/?  of  their  refentment,  inclofed  to  pafs  a 
verdid,  and  determine  of  a  puniOiment  for  an  offence 
againft  themjehes.  Would  this  have  the  fmaileft 
femblance  oijujiice?  On  the  contrary,  is  it  not  the 
very  defign  of  law,  to  take  out  of  the  hands  of  the 
offendedy  the  trial  and  punifliment  of  the  offenders, 
and  put  it  into  thofe  of  indifferent  perfons  ?  But, 
when  either  houfe  of  parliament,  or  a  court  of  juftice 
puniflies  for  breach  of  privilege,  or  contemn pt  of  court, 
the  perfons  offended  clXQ  the  Judges,  and  infiidt  the  pu- 
nifnmcnt. 

If  it  be  objeded,  that  it  is  beneath  the  dignity  of 
the  auguft  houfe  of  commons  to  fobmit  their  com- 
plaints againft  thofe  who  have  been  guilty  of  breach^ 
of  their  privileges,  to  the  deciii on  of  a  court  of  law 
(which  the /ove/^eig72  himfclf  muft  do)  let  it  be  re- 
membered, that,  according  to  the  prefcnt  nionftrous 
ftate  of  re^prelentation,  a  gentleman  of  5000/.  a  year, 
by  fitting  in  the  houfe  of  commons,  in  confequencs 
of  the  votes  of  10  beggars,  acknowledges  tafuperiorily 
in  thofe  10  men;  for  he  could  not  have  fate,  if  they 
had  not  empowered  hitn.  If  now  he  (liould  fubmit  to 
thofe  10  conftituents  his  part  of  a  dijpute  between  the 
houfe  ot  commons  and  an  author,  or  printer,  or  be- 
tween the  houfe,-  and  a  member  who  has  aftronted 
them  by  accufing  them  of  corruption,  I  fliouldbe 
glad  to  know,  whether  he  would  do  a  meaner  thing 
than  he  has  already  done  in  fubmitting  to  thofe  10 
worthies,  whether  he  (hall^/  in  the  koufe  or  not. 

It 


230  POLITICAL  Book  IV. 

It  IS  the  natural  difpofition  of  man,  to  overftretch 
whatever  power  he  gets  into  his  hands.  It  is  the 
fame  incroaching  difpofition,  that  puts  kings  upon 
decifion  by  arms,  rather  than  by  arbitration,  which 
puts  lords  upon  rejeding  the  moft  falutary  bills, 
which  puts  them  and  commons  upon  punifhing  fup- 
pofed  offences  againft  themfelves,  and  which  puts 
inferior  courts  upon  puniihing  what  they  call  con* 
tempt.  And  it  is  eafy  to  find  fomewhat  plaufible  to 
fay  in  fupport  of  an  unjuft  claim.  But  after  all  is 
faid,  it  will  ftill  be  true,  that  a  king's  chufing  the 
brutal  decifion  of  arms,  rather  than  the  rational  one 
of  arbitration  by  neutral  powers,  that  a  houle  of  lords 
or  commons,  taking  into  their  own  hands  the  punish- 
ment offuppofed  off'ences  againft //6^/;^/^^^i,  inftead 
of  referring  them  to  indifferent  perlons,  and  a  ccurt 
of  law  or  juftice  punijhing  whatever  it  pleafes  to  call 
contempt  againft  itfelf^  inftead  of  leaving  the  matter 
to  a  jury  of  the  fuppofed  offender's />^^ri,  without 
which  every  punifhment  is  irregular  5-— there  is  no 
doubt,  I  fay,  that  all  fuch  proceedings  as  thefe  are 
inconfiftent,  not  only  with  juftice  and  liberty,  but 
with  civilization  and  folice^  and  are  the  very  evils 
complained  of  under  tyrannical  governments,  and  a- 
mong/avages,  not  yet  regulated  by  government. 

*  The  legiflative  authority  which  has  power  to 
abrogate  all  laws  now  in  being,  cannot  be  tyed  to  any 
rules  of  human  prefcription,  but  there  are  eternal 
rules  of  equity  and  juftice,  right  reafon,  and  con- 
fcience,  and  thefe  are  unalterable,  and  never  to  be 
fwerved  from.'  Words  of  Sir  Godfrey  Copley^  con- 
cerning the  houfe  of  commons  trying  Sir  John  Fen*^ 
wick  for  treafon  in  an  unprecedented  way. 

Lord 


Ghap.IV.        DISQUISITI  ONS.  231 

Lord  Coke  %  and  many  other  writers,  make  a  great 
matrer  of  the  houfes  of  parliament  being  theyi/e?  judges 
of  whatever  concerns  their  e^'ze;;^  houfes  refpedively, 
becaufe  they  are  the  fupreme  court,  and  no  other 
court  can  intermeddle  with  their  affairs.  And  it 
is,  by  the  fame  able  writer,  and  others,  taken  for 
granted,  that  every  court  is  to  be  Jole  judge  of  its 
own  privileges,  and  of  offences  committed  againft 
itlelf. 

There  is  no  doubt  concerning  the  fupremacy  of 
parliament,  and  that  therefore  no  inferior  court  can, 
of  its  own  authority,  claim  the  decifion  of  diffe- 
rences between  the  houfes,  or  between  one  houfe  and 
a  fuppofed  offender,  or  offenders  againft  that  houfe. 
But  there  is  certainly  a  power  in  either  houfe, to 
refer  to  the  decifion  of  others  any  matter,  wherein 
the  houfe  is  itfelf  a  party.  And  it  will  then  become 
lawful  for  thofe,  to  whom  the  reference  is  made,  to 
decide, 

it  does  not  appear  to  me,  that  there  is  any  thing 
humiliating  in  fubmitting  to  the  decifion,  or  arbitra- 
tion, of  a  let  of  men,  whether  in  or  out  of  parliament,, 
or  that  it  neceflarily  implies  acknowledging  a  fuperi^ 
ority  in  thofe  men.  In  a  difpute  between  the  king  and 
a  merchant,  neither  one  nor  the  other  thinks  himfelf 
degraded  by  having  the  caufe  tried  by  the  court  of 
King's  Bench,  and  the  point  determined  by  a  jury. 
The  caufe  muft  be  tried  in  that  court  firft,  and  cannot 
come  before  the  lords,  but  by  appeal.  And  even, 
when  it  is  finally  determined  by  the  lords,  is  the  fove- 
reign  ^i?^r^^^^  by  fubmitting  to  the  decifion  of  his 
inferiors  ?.  The  lords  are  as  much  his  inferiors  after, 
as  before.     What  could  be  nobler,  than  to  fee  a  man 

of 


ft  Inst.    ?,  15, 


S3i  POLITICAL  Book  IV, 

of  high  rank  and  larj?e  fortune  decline  to  pronounce 
in  a  difputc  between  himfelf  and  one  of  his  domeftics^ 
and  leaving  the  matter  to  arbitration  of  his  other 
domeftics  ? 

Suppofing  the  boufe  of  commons  eleded  in  an  ade- 
quate manner,  that  is,  every  member  by  about  400 
men  of  property,  I  fay  that  in  fubmitting  to  their 
arbitration,  a  member  would  fubmit  to  his  undoubted 
Juperiorsxn  every  refpedl.  If  every  member  fubmits, 
the  hcufe  fubmttsto  their  conjUtuents,  And  furely  it 
could  be  no  degradation  for  them  to  fubmit  a  point  of 
hdnocr  or  ceremony,  a  matter  of  no  national  confe-^ 
quence,  to  their  political  creators^  from  whom  they 
derive  their  very  exijience  as  a  hcufe. 

Suppofing  it  granted,  that  there  is  a  difficulty  either 
way,  viz*  Whether  parliament  takes  into  its  own 
hands  the  punifhment  of  offences  againft  itfelf,  or 
leaves  it  to  arbitration  by  others^  will  any  man  pre- 
tend, that  the  difficulties  are  equal  on  both  fides  ? 
Nay,  v/i!l  not  any  man  acknowledge  that  in  declining 
to  be  judges  in  their  own  caufe,  there  is  magnani^ 
mitys  as  on  the  contrary  (in  all  private  difputes  at 
lean)  th«^re  is  much  Jelfiflmefs  and  arrogance  in  claim^ 
ing  to  decide  cur  own  quarrels. 

It  is  ufually  faid,  there  are  cujioms  of  parliament 
and  other  courts,  which  themfehes  only  underftand. 
Are  then  the  cuftoms  of  parliament  and  other  courts 
only  to  be  explained  by  algebra,  fluxions,  or  the  higher 
geometry  ?  Or  are  thty  matters  of  plain  common  fenfe  ? 
if  they  be  not,  the  moii  innocent  and  uprightly-inten- 
tioned  fubjedl  may  fall  into  the  great  and  dangerous 
guilt  of  offending  againft  thofe  inexplicable  cuftbms 
ar/d  privileges,  and  may  find  himfelf  fuddenly  in  the 
fame  condition  with  the  unfortunate  failor  dafhed  on 
unfeen  breakers  in  an  open  fea,  fwallowed  up  and  loft. 

A.  D. 


Chap.  IV.        DISQUISITIONS.  233 

A.  jD.  1704,  the  lords,  in  their  judicial  capacity, 
determined,  that  a  perfon's  right  to  vote  for  a  member 
might  be  tried  at  law,  and  that  the  commons  have 
nothing  to  do  with  that  point,  and  that,  bv  their 
vote  to  the  contrary,  they  had  ilruck  at  the  liberties 
of  the  people,  the  law  of  England,  and  the  iudicial 
power  of  the  houfe  of  lords^.  This  w^as  taking  the 
protection  of  corrupt  returning  officers  out  of  the 
hands  of  the  houfe  of  commons.  Even  lord  Coke, 
who  magnifies  the  power  of  parliament  as  much  as 
any  writer  whatever,  obferves,  that  parliaments  may 
do  wrong,  of  which  he  gives  feveral  iniiances.  He 
quotes  one  *  mifchievous  a6t  with  a  flattering  pre- 
amble t>/  by  pretext  of  which,  Empfon  and  Dudley 
committed  innumerable oppreffions  upon  the  iubjeds, 
and  the  adt  was  accordingly  repealed  the  fi'  (t  parlia- 
ment after  the  death  of  Hen,  VII.  in  whole  time  it 
was  made.  *  A  good  caveat,  fays  he,  to  parliament, 
to  leave  all  caufes  to  be  meafured  by  the  golden  and 
flraight  metwand  of  the  law,  ^^pd  not  by  the  uncer- 
tain and  crooked  cord  of  dlfcretion/ 

The  popifh  party  blamed  parliament  for  taking 
into  cuftody  fome  of  the  abhorreis.  They  laid  it  was 
a  matter  which  had  no  relation  to  privilege  of  parli- 
ament, fignifying,  that  if  it  had,  there  had  been  no 
harm*^.  We  now  qucflion  the  dodrine  of  2i  power 
in  the  commons  of  impnfoning  for  any  thing,  but 
whdiijiips  proceedings  of  the  houfe,  and  is  done  in  the 
houfe,  inltances  were  brought  by  Sir  IVilnam  Joiies, 
of  commitments  of  perfons  not  members  for  taults 
not  breathes  oi  privilege,  2s  for  txcrclCmg  patents  ccn^ 

Vol.   I.  H  h  dcmned 


a  Burnet's  Hist,  own  Timks,   hi.  39. 

b  Inst.  v.  39.  c  Deb.  Lords,   i.  276. 


234 


POLITICAL  Book  IV. 


demned  by  the  commons,  and  for  faults  in  preaching 
and  catecfdifing,  *  There  would  be  no  end,  fays  he, 
of  giving  inftances  of  fuch  commitments  which  may 
be  cbferved  in  almoft  every  parliament/  This  how- 
ever was  all  wrong,  as  fuperfeding  law  ^,  Parlia- 
ments were  liftened  to,  and  thanked  for  deteding, 
wicked  favourites  by  'Edw.  I.  Hen.  II.  IV.  V.  and 
Elizabeth.  The  contrary  by  Hen.  III.  and  Vi.  and 
Edw.  II,  and  Rich,  XL  This  was  the  proper  bufmefs 
of  parliament,  the  other  of  the  courts  of  law.  . 

The  power  of  the  houfe  of  commons  to  fend  even 
their  own  members  (much  more  other  fubjeds)  to 
prifon  without  tryal  by  jury,  is  to  the  la(l  degree 
dangerous.  For  a  houfe  of  commons  may  become, 
through  court-influence,  fo  generally  corrupt,  that 
they  may  fee  it  proper  to  fend  every  honeft  member  to 
the  tovvxr,  the  moment  he  opens  his  mouth  againft 
their  traiterous  meafures,  and  in  favour  of  his  coun- 
try. This  could  not  be,  if  every  perfon,  whether 
member  or  not,cfFending,or  fuppofed  to  offend,  againft 
the  orders  of  the  houie,  were  to  be  tried,  before  he 
could  be  committed,  by  a  jury  of  thofe,  who  are  in 
every  refped  equal  to  the  members,  I  mean  ihtpeopky 
the  conjlitue7its  of  the  members. 

There  is  an  ad  i  Jam.  I.  cap.  i6.  entitled,  *  An 
ad  for  new  execution  againft  any  who  (hall  be  here- 
after delivered  out  of  prifon,  by  privilege  of  parha- 
ment,  and  for  difchargc  of  them,  out  of  whofe  cuf- 
tody  luch  pfifoners  {hail  be  delivered  ^'  This 
fhews,  that  privilege  was  not  originally  intended  tor 
oppreffion  of  the  lubjed.  But  ]\\agc  Hales  coUeds 
many  inftances  of  privilege  allowed   to  members  and 

the 


a  Deb.  Lo-rds,   i,  277, 

b  Hakguu,  Mod.  Tenekb.  Parl.  65. 


Chap.  IV.         DISQUISITIONS.  235 

the  fervants  of  members  upon  very  frivolous  pretences, 
and  to  the  great  lofs  of  their  juft  creditors^.  By 
4  Edw.  Ill.b  it  was  enadsd,  that  *  though  the  lords 
and  peers  of  the  reahn  m  prefence  of  the  king  had 
taken  upon  them  to  give  judgment  in  cafes  of  trea- 
fon  and  felony  of  luch  as  were  no  peers  of  the  realm, 
hereafter  no  peer  (hall  be  driven  to  give  judgment 
on  any  other  than  their  peers  according  to  law  ^' 
Why  did  not  the  commons  come  to  the  fame  refo- 
lution  ?  See  ^  many  inftances  of  punishments  inflided 
upon  perfons  not  member?,  for  pretended  breach  of 
privilege,  which  would  have  come  much  more  decent- 
ly from  the  court  of  King's  Bench,  even  though  juftly 
inflidted,  which  was  not  always  the  cale. 

Judge  Hales  fays,  both  lords  and  commons  inde- 
pendendy  have  power  of  judicature^.  Yet  he  fays 
an  ordinance,  or  refolution  of  one  houfe,  ^  bindeth 
not  in  fucceffion  ^,'  unicfs  it  afcervi^ards  receive  the 
fandion  of  'the  other  branch,  or  branches  of  the 
legiflature. 

A.  D.  1584,  Dr.  Parry,  for  fpeaking  freely  in  the 
houfe  againll  a  bill,  was  comaiitted  to  the  ferjeant, 
brought  to  the  bar,  and  obliged  on  his  knees  to  con- 
fefs  his  fault,  and  aik  pardon,  &c.  §  But  by  4  He/2: 
VIII.  cap.  8.  it  is  enadled,  *  That  all  fuits,  fines,  pu- 
nifliments,  corrections^  &c.  to  be  put  or  had  upon 
any  member,  for  fpeaking,  reafoning,  or  declaring 
of  any  matters  concerning  parliament  to  be  com- 
menced, or  treated  of,  be  utterly  void,  and  of  none 
efFcd.'  This  ad  is  declaratory  of  the  antient  law 
and  cuftom  of  parliament  ^. 

— — . 1  : — ? 

a  Hale's  Fow,  of  Parl.   164, 

b  Rot.  Parl.  No.  6. 

c  Ha/e's  Pow.  OF  Parl.  26.  d  Ibid.  173. 

e  Ibid.  2<;»  f  Ibid.  26,  31, 

g  Hake'-oeU  Mod.  Tenend.  Parl.   75. 

h  Hak'%  Pow.  OF  Paul.  8. 


236  POLITICAL         .    Book  IV. 


C  H  A  P.     V. 

Parliamentary  Prhikges  and  Proftcntions  have  been 
too  generally  Jrivolous  and  unjuji. 


f   I   ^O  prove  that  parliamentary  privileges  and  p/o- 

I        fecutions   are   grievances,    J  will   add  here  a 

-*"       fev^,  out  of  a  great  many  inftances  I  had  col  - 

leered  in  the  courfe  of  my  reading,  of  parliamentary 

"^  profecutions,    very  much    unworthy    the  -dignity  of 

parliament,   which  will  fhew,  that  it  is  not  eafy  for 

men  going  out  of  their  proper  fphere  to  a6t  fuitably, 

nor  t  J  exclude  pajjion  and  prejudice  from  iheir  decifions 

in  their  own  caufe. 

In  fadt,  the  liberty  and  property  of  free-born  Eng-^ 
lifhmen  are  things  of  too  facred  a  nature  to  lie  open  to 
invalion,  from  the  fudden  refolutions  of  any  fet  of 
n^en  whatever.  And  yet  greater  depredations  have 
not  been  committed,  than  thofe  which  the  liberty 
and  property  of  Rnzltfhmen  have  fuffered,  at  the  hands 
of  kiij^s  and  minifter?,  who  have  been  artful  enough 
to  prevail  with  parliaments  (naturally  friendly  to  li- 
bt  rty)  10  become  the  inftruments  of  their  tyranny. 

Some  members  of  parliament,  in  the  time  of 
Philip  and  Mary,  A.  D.  1555*  made  a  feceflion. 
Some  were  indided  and  fined  ,  others  traverfed;  but 
the  point  was  not  decided,  when  the  queen  died. 

Mr.  Taylor,  barrilier  at  law,  a  member,  was  brought 
on  his  knees  in  the  houfe,  A,  D.  1631,  for  faying, 
that  the  parliament  had  committed  murder  with  the 
fword  of  juftice,  in* the  cafe  of  Strafford,  He  was  ex^ 
pelled  the  houfe,  and  voted  incapable  of  ever  fitting 
more.  He  was  committed  to  the  Tower  during  plea- 
fur  e 


Chap.  V.       DISQUISITIONS.  237 

fure  of  the  houfe;  and  afterwards  carried  to  Wind/or 
to  make  his  recantation  ^. 

In  the  time  of  Jam,  I.  the  year  not  mentioned,  a 
member,  for  feeming  to  refledt  on  another  member, 
as  puritanical  and  fadtious,  was  called  to  the  bar,  and 
on  his  knees  difcharged  the  fervice  of  the  houfe,  wi'ih 
an  intimation,  that  his  fentence  was  very  merciful, 
becaufe  they  might  hive  imprifoned  him  befides  b. 

The  commons,  afraid  of  Lilburns  party  and  the 
levellers,  made  them  clofe  prifoners  in  the  Tower; 
but  this  fevere  order  was  countermanded  afterwards  c. 
His  printed  papers  were  ordered  to  be  burnt  by  the 
hangman  ;  the  fherifFto  proted:  him:  the  gentleman 
ufher  of  the  houfe  to  learch  for  papers  of  the  fame 
kind,  and  bring  them  before  the  houfe  ^. 

*  There  have  been  no  cafes  harder  than  thofe,  in 
which  king,  lords,  and  commons  have  concurred  ;  as 
that  oi  Croj?2zvelyQ2ix\  oi  Effex,  who  was  attainted,  and 
not  fufFered  to  come  from  the  Tower  to  be  heard  ^Z 

Hi7i,  Marteriy  efq.  was  difabled.  A,  D.  1643,  and 
committed  to  thp  Tower  by  the  houfe  of  commons, 
for  refleding  on  the  king  and  royal  family,  but  after- 
wards reflored,  and  the  fentence  erafed  from  the  Jour- 
nals. Several  were  difabled  for  having  been  in  tha 
kings's  quarters  f.  One  fufpended  for  writing  a  book 
againft  the  Trinity,  Recants,  and  is  reftored ;  but 
afterwards  difabled  for  the  fame  offence  g.  Coningjby 
expelled    for   being  a   monopolift^.     Commons    ex 

elude 


a  Hake^'oeU    Mod.  Ten  end.  Parl.  8o.  b  Ibid.  79, 

c  Parl    Hist.  XIX.  121.  d  ibid,  xv.  25. 

e  DtB.  Com.  i  i.  405. 

f  Parl.  Hist.  ix.  15,  et feq, 

%  Ibid.  27.  h  Ibid.  28. 


238  POLITICAL  Book  IV. 

elude  all  thofe  members  who  voted  for  treating  with 
the  king;  it  is  plain  they  thought  they  had  power  of 
exclufion  and  incapacitation.  However,  the  people 
feetiied  pleafed,  for  there  came  multitudes  of  addrefles 
from  all  quarters  approving  of  their  proceedings  ». 

Cranfieid  was  fined  <;oo  /.  each  to  four  members 
whom  he  had  flandered  ^. 

Lord  Saville  was  committed  to  the  Tower,  for  re- 
fufing  to  name  the  perfon  who  had  written  a  letter  to 
him,  v/hich  parliament  had  thought  treacherous  c, 

*  An  order,  A»  D.  1647,  for  feveral  members  of 
the  hcufe  to  take  fome  of  the  deputies  of  the  ferjeant 
at  arms,  and  to  break  open  doors,  and  feize  trunks  and 
papers  of  one  captain  Vernoriy  was  much  oppofed  by 
fome  members,  as  altogether  illegal  ^.' 

Dodtor  Cary  was  brought  to  the  bar  of  the  houfe 
ci peers ^  A.  jD.  1677,  and  examined  concerning  a 
MS.  carried  by  him  to  the  prefs,  on  the  illegality 
cf  the  prorogation  5  becaufe  he  would  not  anfwer 
certain  interrogatories,  he  was  fined  1000/.  and  kept 
in  prifon  till  he  paid  the  money  e.  Aaron  Smith  be- 
ing accufed  of  feditious  words  to  the  fame  purpofe, 
and  abfconding,  the  houfe  addrcffed  for  a  proclama- 
tion to  apprehend  him,  which  the  king  granted  ac- 
cordingly f. 

Even  the  punifhments  infliftcd  by  the  houfe  of 
peers^  though  undoubtedly  a  courts  will  not  be  fub- 
mitted  to  without  difcontent,  when  ordered  in  this 
arbitrary  manner. 

Sir 


a  Pari.  Hist,  xviii.  548, 

b  Ibid.  XIV.  22.  c  Ibid,  xiii.  509. 

d  TVhitelocke's  Mem.  277. 

e  Deb.  Lords,  i    196.  f  Ibid. 


Chap.  V;        DISQUISITIONS.  239 

Sir  J.  Maynard,  A.  D.  1647,  treats  the  houfe 
of  lords  with  contempt.  Is  fined  5000/.  and  fent  to  the 
Tovvera,  Wanted  to  be  tried  by  2ijury,  Nor  will 
the  fubjeds,  while  a  fpark  of  liberty  remains,  be  re- 
conciled to  any  other  form  of  trial. 

The  commons  took  too  much  upon  them,  A.  D. 
1681,  when  they  paffed  the  vote,  that  the  laws  againft 
recufants  ought  to  be  only  put  in  execution  againft 
papift,  and  not  againft  proteftant  diffenters.  Their 
defign  was  right,  fo  far  as  they  meant  to  favour  prote- 
ftant diffenters ;  but  v\o Jingle  branch  of  the  legiilature 
has  power  to  difpenfe  with  laws  made  by  the  united 
authority  of  all  the  three.  They  are  to  be  regularly 
repealed  by  the  fame  authority  which  made  them^ 

When  the  bill  to  prevent  double  returns  paffed, 
A>  Z).  1695,  f^^^^  lords  protefted,  becaufe  the  com- 
mons took  too  much  upon  them,  when  they  pretended 
to  fettle  the  courfe  of  eledions  and  returns  by  their 
vote,  excluding  the  other  houfe,  which  was  making 
themfelves,  contrary  to  the  conftitution  and  fenfe  of 
the  public  in  all  ages,  a  court  of  judicature  c. 

'john  Biddie^  a  fchool-mafter,  v/as  examined,  A*  D» 
1654,  for  an  Arian  book.  The  book  was  burnt  by 
the  hands  of  the  hangman.  He  was  committed  to 
the  Gate-houfe,  without  pen,  ink,  or  paper.  Seems 
to  have  been  a  man  of  no  depth.  He  was  confined 
afterwards  in  Newgate,  and  then  banift^ed  to  the  ifie 
of  Sd/ly  d. 

Parliament,  A.  D.  1650,  takes  up  the  office  of 
criminal  judges,  and  fentences  feveral  perfons  to  the 
pillory  for  forgery  «. 

A.  D. 


a  Parl.  Hist,  xvi.  517. 

h  Burnetii  hi \ ST .  own  Times,    ii.    135. 

c  DtfB.  Lords,    i.  459 

d  Parl.  Hist,  xx.    398.  e  Ibid,  ix.  255, 


240  POLITICAL         Book  iV, 

A.  D.  1 680,  one  Zherridan,  in  cuftody  of  the  ferjeant 
at  arms  by  order  of  the  houfe,  had  moved  for  his 
habeas  corpus,  Refufed  by  judge  Raymond,  becaufe 
committed  by  order  of  the  houfe,  though  moved  in 
hchdXi  Li  Raymond.  ^\v  William  Jones  is  againft  bail- 
ing in  cafe  of  commitm:  nt  by  the  commons.  Says  the 
houfe  of  commons  is  a  court  of  itfelf,  and  part  of  the 
higheft  court  in  the  nation,  fuperior  to  thofe  in  Well 
viinjier  hall,  and  the  laws  made  in  it,  are  to  bind  the 
inferior  courts,  but  cannot  be  underftood  to  bind  them- 
felves.  That  it  is  dangerous  to  hinder  the  power  of 
parliament  (in  thofe  days  the  houfe  cf  commons  was 
the  people).  A  commitment  by  the  houfe  is  a  judg- 
ment, and  was  never  allowed  to  be  bailable.  If  per*- 
fons  committed  by  the  houfe  on  any  account  may  be 
bailed,  they  may  be  bailed  even  though  committed  for 
breach  of  privilege,  and  then  the  houfe  is  difarmed 
of  its  neceflary  power.  Thinks  it  improper  to  make 
any  refolution,  or  give  any  anfwer  to  the  motion  in 
behalf  of  Raymond;  but  to  leave  the  judges  at  their 
peril  to  bail  perfons  committed  by  the  houle  ^' 

'  The  higheft  court  is  to  govern  according  to  the 
laws,  as  well  as  theloweftb.'  The  words  of  the  duke 
of  Buckiftgham,  1 66;',  2oC^r.lI.fpeaking  of  the  houfe 
of  peers,  directed  to  the  commons  in  a  conference  on 
the  affair  of  Skinner,  He  goes  on,  *  1  fuppofe  none 
*will  make  a  quedion,  but  that  every  man  and  every 
*caufe  is  to  be  tried  by  Magna  Charfa,  i.  e.  by  his 
*peers,  or  according  to  the  law  of  the  land.'  As  if 
he  had  meant,  that  parliamentary  trials  SiVtnot  accord- 
ing to  Magna  Chart  a  and  the  law  of  the  land. 

'  The  good  old  rules  of  the  law  are  the  beft  fecu- 
ritv  ;  and  let  not  men  have  lb  much  caufe  to  fear, 

^  that 


aDEB.CoM.  II.  60.  bibid.  i.  124, 


Chap.  V.      DISQUISITIONS.  24.1 

that  the  fettlements  they  make  of  their  eftates  fhall 
be  too  eafily  unfettled,  when  they  are  dead,  by  the 
power  of  parHament  »/ 

*  Our  judges  and  minifters  of  juftice,  neither  caa 
nor  ought,  in  reverence  to  the  votes  of  either  or  both 
houfes,  to  break  the  oath  they  have  taken,  for  the 
due  and  impartial  execution  of  our  laws,  which  by 
experience  have  been  found  to  be  the  beft  fupport 
both  of  the  proteftant  intereft  and  of  the  peace  of  the 
kingdom/  Charles  lid's  words  in  his  proclamation, 
A*D.  1681,  and  apology  for  diffolving  his  parliament^ 
premifles  very  juft,  though  ill  applied  b. 

In  the  cafe  of  lord  Banbury,  the  chief  juftice  Hok 
difregardeed  a  vote  of  the  houfe  oi peers  5  and  in  that 
of  jljhby  and  White,  the  courts  of  law  took  no  notice 
of  a  vote  of  the  houfe  of  commons  c. 

The  Lord  chief  juftice  Holt  was  *  very  learned  in 
the  law,  and  had  on  great  occaiions  ihewed  an  in- 
trepid zeal  in  after  ting  its  authority.'  Foi^  he  ven- 
tured on  the  indignation  of  both  houfes  of  parliament 
by  turns,  when  he  thought  the  law  was  with  him  ^. 

Imprifonment  by  mere  order  oi  council  sn^l^^  in  the 
time  of  Charles  I.  found  to  be  illegal^  and  contrary  to 
Magna  Charta,  and  is  likewife  inconfiftent  with  fix 
ftatutes  in  favour  of  liberty  made  fince  «.  By  the  fame 
rule,  imprifonment  as  a  punipment^  infiidted  by  any 
order  whatever,  without  \x\2\perpares^  is  illegal.  This 
was  the  very  tyranny  of  the  ftar^chamber  and  high 
commiflion-courts. 

Vol.  I.  I  i  There 


a  C/^ar/^j  lid's  Ipeech,  1662.     Deb.  Com.  i.  56. 

b  Deb.  Lords.  262. 

c  Jim,  Deb,  Com.  viii.  150. 

d  Tind,  Con  TIN.   I.   156.  ^ 

e  Humt'%  Hist,  Stuarts,  i,  151, 


242 


POLITICAL  BooklVo 


There  was  an  order  for  a  reward  of  50  /.  Gfc.  A.  Di 
1677,  for  apprehending  Andrew  M/^rw/ for  piiblifh- 
ing  againfl:  the  government  ^. 

Shafte/buryy  after  many  months  confinement  in  the 
Tower,  had  recourfe  to  the  court  of  king's  bench. 
Obtains  no  redrefs.  Obliged  to  a(k  pardon  of  the 
houfe  in  terms  dictated  for  him.  Releafed  after  1 3 
months  confinemement  ^, 

Several  people  were  taken  into  cuftody  for  fpeaking 
difrefpedfuUy  of  the  houfe,  A.  D.  1697  c. 

Charles  Cafar,  Efq;  was  committed  to  the  Tower, 
for  faying,  *  the  queen  did  nothing  without  a  certaia 
lord,  who  in  the  late  reign  was  known  to  keep  a 
conftant  correfpondence  with  the  court  of  St.  Ger-* 


mains  ^, 


Articles  againfl:  Sir  'Edward  Dertngy  A,  D.  1642^ 
were,  That  he  had  encouraged  a  petition  derogatory 
from  the  authority%f  parliament  -,  in  which  petition  it 
wasrequefted,  that  no  member fhould  be  expelled  with- 
out fhewing^^///?;  that  the  fubjeds  (hould  not  be  bound 
by  any  order  of  either  \iou{t  Jingly,  particularly  that 
no  order  concerning  the  militia  from  the  commonsonly 
Ihould  be  binding.  All  this  they  declared  wicked  and 
feditious ;  and  his  having  faid,  the  delivery  of  the  peti- 
tion (hould  be  by  40,000  people,  and  his  ufing  means 
to  raife  an  infurredion  for  that  purpofe  ^.  Declared  a 
breach  of  privilege  of  parliament.  He  flies  from  j  uftice. 
Summoned  to  anfwer  before  the  parliament.  Some  of 
the  men  oi  Keiit  ccme  to  the  parliament  with  their  pe- 
tition, though  before  burnt  by  the  hangman.  Some 
of  them  were  committed,  the  refl  difmifled  f. 

Candles 


a  Deb.  Lords,  i.  202  b  Ibid. 

c  Deb.  Com.  hi.  72. 

d    7/W.  CONTIN.  I.  729, 

«  Parl.  Hut.  x.  454V  f  Ibid.  472. 


Chap.  V.  DISQUISITIONS.  243 

Candles  called  for,  A.  JD.  1641,  oppofed  by  the 
majority.  The  ferjeant  by  miftake  brings  them  in. 
Widdrington  and  Herbert ^  members,  take  them  away 
without  orders  of  the  houfe:  great  difturbance  enfues. 
They  are  called  to  the  bar.  Are  ordered  to  kneel. 
They  refufe  j  and  are  fent  to  the  Tower  a. 

It  was  debated,  A.  D.  1696,  whether  the  mace 
ihould  lie  on  the  table,  as  ufual,  while  Sir  j^.  Fenwkk 
was  under  examination  before  the  commons,  and 
whether  the  flieriffs  of  Londm  could  have  him  in 
cuftody  before  the  houfe.  It  was  determined,  that  the 
mace  fliould  be  held  by  the  ferjeant  at  arms  at  the  bar 
by  Sir  John,  He  got  his  trial  put  oiF  on  falfe  pretences^ 
for  which  the  commons  meant  to  have  him  attainted', 
convifled,  and  executed,  as  a  traitor  for  eluding  juf- 
tice  J  upon  the  fame  principle  as  people  are  outlawed, 
who  fly  from  trial,  or  bankrupts  are  made  felons,  v^ho 
do  nbt  appear  to  be  examined,  or  culprits  are  preffed 
to  death,  who  will  not  plead  either  guilty,  or  not 
guilty.  ^  A  bill  of  attainder,  a  men^ber  faid  on  that 
occalion,  is  an  extraordinary  thing,  and  never  ufed, 
but  upon  extraordinary  occafions— Parliament  may 
declare  that  to  be  a  crime,  which  was  deemed  no 
crime  before  it  was  committed,  and  furely  they  may 
determine  what  they  will  admit  as  evidence  of  a 
crime.*  Another  faid,  ^  It  is  lodged  with  the 
legiflature  to  judge  of  thofe  crimes,  which  are  (hel- 
tered  from  the  law ;  and  he  thought  never  any  attain- 
der was  brought  in  upon  a  jufler  occafion  than  this  b/ 
It  was  alledged,  that  attainders  are  fufpicious  ways  of 
proceeding,  and  dangerous  in  corrupt  times.  They 
who  fpoke  for  the  bill,  reprefented  the  parliament  a.s 
poffefled  of  a  dictatorial  power  to  take  care,  ne  quid 

detrimenti 

a  Pari..  Hist.  ix.  372.         b  Deb.  Com.  xii*  33* 


244  POLITICAL  Book  IV. 

detrimcnti  capiat  refpublica^  and  to  convi6l  dangerous 
men  upon  luch  evidence,  as  to  them  might  feem  fa- 
tisfadory,  though  not  the  formal  evidence,  required 
by  law,  and  which  inferior  courts  are  obliged  to  fol- 
low, if  all  this  be  true,  there  is,  furely,.  the  utmoft 
iieceffity  for  an  incorrupt,  for  an  unfufpeBed  parlia- 
ment. Attainders,  it  v/as  faid  by  others,  were  only 
to  be  had  recourfe  to,  againft  thofe,  who  were  not 
forth-coming:  but  Sir  John  was  in  thehoufe.  The 
whole  was  a  party-affair  between  the  whigs  and  the 
tories,  and  the  former  were  defirous  of  mortifying  the> 
latter.  Several  lords  protefted  againft  his  attainder, 
becaufe  bills  of  attainder  againft  perfons  in  prifon, 
and  who  are  therefore  to  be  tried  by  law,  are  of  dan- 
gerous confequence  to  the  fubjeds  and  conftitution  j 
becaufe  the  evidence  of  grand  jury-men  and  petty 
jury-men,  not  given  before  the  peers,  was  admitted, 
though  they  difagreed  in  their  teft  ;  becaufe  informa- 
tion in  writing  was  received,  which  prevents  the  wit- 
nefs  being  crofs  examined ;  becaufe  Fenwick  was  caft 
by  one  witnefs  only,  and  him  a  doubtful  one;  and 
becaufe  Fenwick  was  not  confiderable  enough  to  be 
proceeded  againft  in  fo  extraordinary  and  irregular  a 
manner,  juilifiable  only  in  cafes  of  great  danger. 
Fenwicky  however,  was  beheaded  on  Tower-hill, 
denying  to  the  laft,  all  concern  in  the  affaffination 
plot,  though  he  owned  himfelf  a  Jacobite  a, 

Manley^  a  member  of  the  cmmons,  was  fentto  the 
Tower,  A.  D.  1696,  for  faying,  '  It  is  not  the  firft 
time  there  has  been  reafon  to  repent  mens  making 
their  court  to  the  government  at  the  .hazard  of  the 
people's  liberties  t>/ 

Buckley^ 


a  De3,  Lords,  1*465.  b  Deb.Com.  iii.  32. 


Chap.V.         DISQUISITIONS.  24^ 

Buckley^  printer,  ordered  into  cuftody  of  the  fer- 
jeant  for  printing  Memorial  of  the  States- general,  re- 
fleding  on  the  proceedings  of  the  houfe,  1712^. 
*  Refolved,  That  the  great  liberty  of  the  prefs  is  very 
prejudicial,  &c.  That  all  printing  preffes  be  re- 
giftercd  with  the  nannes  and  places  of  refidence  of  the 
owners,  and  that  the  authors,  printers,  and  publifhers 
names  be  put  to  every  publication/  This,  however, 
did  not  pafs  into  a  lav^r ;  but  inftead  of  it,  a  hcav5r 
duty  on  news-papers  and  pamphlets,  was  afterwards 
propof^  ^. 

Complaint  made  to  the  houfe.  A*  D.  17 12,  q^a 
preface  to  fome  fermons  of  Dr.  Hoadley,  biChop  of 
St.  Afaph  c.  Ordered  to  be  burnt  by  the  hangmaa^. 
The  worft  thing  in  the  preface  is,  the  good  bifliop's 
expreffing  his  apprehenfions,  and  thofe  of  all  the  wife 
and  good  of  thofe  times,  concerning  the  danger  ia 
which  the  nation  was  involved  from  ajacobite  miniftry. 

When  the  tory  parliament  of  A.  D.  1701,  impri- 
foned  the  Kentijh  petitioners,  many  *  thought  it  to 
be  the  greateft  outrage  upon  the  people's  liberties, 
alledging,  it  was  their  undoubted  right  to  petition  -, 
that  it  were  better  to  be  under  the  oppreffion  of  one, 
than  of  many.  What  avails  (faid  they)  the  Habeas 
Corpus  adt.  It  looked  (they  faid)  as  if  the  nation 
was  betrayed,  and  Englijhmen  bought  and  fold  ^.' 

Certain  letters  of  Mr.  Chiversy  a  member,  were 
complained  of,  A.  D.  1699,  i"  ^^e  houfe  of  com- 
mons, as  refleding  on,  and  mifreprefenting  feveral 
members.  The  houfe  was  io  irritated,  that  it  was 
carried  119  to  83,  that  he  attend  the  houfe,  (though 
indifpofcd)  and  not  obeying,    it  was  moved,  that  he 

be 


a  Deb.  Com.  iv.  297.  b  Ibid.  298. 

c  Ibid.  319.  d  Ibid.  322. 

9  See  a  larger  account  of  this  affair  in  the  feqael. 


246  POLITICAL  Book  IV; 

be  brought  by  the  ferjeant  at  arms.  This,  however, 
was  over*ruled.  But  they  relolved,  That  publifhing 
the  names  of  members,  refleding  upon  them,  and 
mifreprefenting  their  proceedings  in  parliament,  is  a 
breach  of  privilege,  and  deftruftive  of  the  freedam  of 
parliament  a. 

Here  follow  feveral  inftances  of  punifhments  and 
cenfures  inflided  by  the  commons  on  irregular  pro- 
ceedings in  eledions.  Dr.  Harris^  for  preaching  a- 
bout  eledions,  was  called  before  the  houfe  of  com- 
mons, and  on  his  knees  ordered  to  confefs  hi^  fault, 
and  in  the  quarter-feflions,  and,  in  his  own  pulpit  be- 
fore fermon.  Ingrey,  under- fheriff  of  Cambridge , 
for  refufmg  the  poll,  was  committed  to  the  ferjeant 
at  arms,  and  was  ordered  to  confefs  his  fault  there, 
and  at  the  quarter-feffions.  The  mayor  of  Arundel 
for  putting  the  town  to  great  charges,  not  giving 
due  and  general  warning,  and  for  packing  eledions, 
was  fent  for  by  warrant,  and  ordered  to  pay  the 
charges.  Sir  William  Wrey^  and  others,  deputy  lieu- 
tenants of  CorjiwaU  for  afluming  to  themfelves  a 
povvxr  to  make  whom  they  pleafed  members,  and 
defaming  certain  candidates  3  lending  for  train  bands 
to  be  at  the  eledion,  and  menacing  the  court,  under 
pretence  of  the  king's  pleafure,  were  committed  to 
the  Tower,  to  acknowledge  their  offence  at  the  bar, 
and  at  the  aflize  in  Cornwal  b.  Yet  feizing  and  fearch- 
ing  the  papers  of  members  of  parliament  was  refoiv- 
cd  to  be  breach  of  privilege,  A.  D.  1641  ^ 

Mr.  (afterwards  Sir  Richard)  Steele,  was  expelled 
the  houfe,  A.D,  1713,  for  refledlions  onthejacobite 

miniftry 


a  Deb.  Com.  hi.  104.  b  Ibid,  iii.  317,  318. 

e  Macaul,  HiST.Eiici..  iii.  19. 


Chap.  V.         DISQUISITIONS.  247 

miniftry  in  his  Englijhman  and  Cri/is^.  All  the 
wifeft  and  beft  men  in  the  houfe  defended  Steele. 
But  he  was  expelled,  becaufe  he  had  infinuated  (what 
no  body  then  alive  doubted)  that  the  proteftant  fuc- 
ceffion  was  in  danger  from  the  miniftry.  This  pro- 
fecution,  however,  hurt  the  minifters  greatly,  and 
occafioned  a  great  deal  of  fearching  b.  But  minifters 
have  great  power  in  bringing  vengeance  on  their  ene- 
mies. And  parliaments  have  been  too  bufy  in  hu- 
mouring the  views  of  minifters.  Mazarine  boafted 
(fays  cardinal  ^/<?  ReizJ  that  if  he  had  but  two  lines  of 
any  man's  writing,  he  could  cut  off  his  head  c.  Buj 
to  return  to  the  proceedings  againftSto/^?:  He  owned 
he  UTOte  what  he  was  charged  with,  and  with  the 
fame  chearfulnefs  as  he  bad  abjured  the  pretender^ 
Blamed  for  the  Crifis  containing  feveral  paragraphs 
tending  to  fcdition,  and  reflefting  on  the  queen  and 
government.  Not  allowed  to  defend  what  he  had 
written  paragraph  by  paragraph,  but  generally.  No- 
thing could  be  done  more  arbitrary  in  the  court  of  in- 
quifition.  Defends  himfelf  with  great  addrefs. 
Foley^  inftead  of  anfwering  paragraph  by  paragraph^ 
Steele^  defence,  contented  himfelT  with  faying  it  was 
plain  to  every  body  that  the  writings  complained  of 
were  feditious,  fcandalous,  and  every  thing  bad. 
Walpole  defends  him,  and  fhews  that  there  was  great 
rcafon  to  be  alarmed  ^. 

There  never  was  perhaps  an  inftance  of  fo  trifling 
an  affair  producing  fuch  weighty  confequences,  as 
that  oi  SachevereU  A.D.  1709.  One  would  have 
imagined,  that  twenty  filly  bigots  might  have  preached 
twenty  capucinades  each,  and  this  great  kingdom  have 

remained 


a  Deb.  Com.  v.  17.  b  Ibid. 

€  D£». Lords,  hi.  3S2.  d  IMd. 


248  POLITICAL  Book  IV. 

remained  in  the  fame  condition,  as  if  they  had  never 
climbed  their  tubs.  It  was  the  fatal  and  ill-advifed 
meafure  of  folemnly  impeaching  the  infignificant 
cu(hicn-thumper  (contrary  to  the  better  advice  of  the 
then  attorney  general  Eyre^  who  was  for  burning  his 
fermon,  and  imprifoning  him,  and  ^ven  that  would 
have  been  doing  him  too  much  honour)  that  produced 
the  mifchief,  and  fet  all  England  in  a  flame.  For 
the  good-natured  people  always  pity  the  perfon,  who 
is  puniftied,  however'atrocious  his  guilt. 

A  wife  government  will  always  confider  maturely, 
which  of  two  meafures,  is  likely  to  produce  the 
greateft  good,  and  the  leaft  harm.  But  furely  this 
thought  never  once  entered  the  heads  of  the  then 
miniftry.  For,  it  was  manifefl,  on  one  hand,  that 
Sacheverer^  fermon  was  too  mean  a  performance  to 
produce,  of  itfelf,  any  effect.  And  what  probable 
advantage  could  be  expected  from  profecuting,  and 
railing  to  importance,  the  author  of  a  production, 
which  did  not  deferve  the  attention  of  any  perfon 
whatever,  much  lefs  of  government  ^  ? 

Whitehead'^  poem,  Manners^  was  complained  of 
by  lord  Deldwar  ^,  and  unanimoufly  voted  a  libel, 
&c. -^.  Z).  17^9.  The  author  abfconded  ;  butjD^^- 
Jley  appeared.  Moved,  that  he  be  taken  into  cuftody 
of  black  rod.  Lord  Carteret  pleads  for  him,  in  con- 
fideration  of  his  furrendering,  and  becaufe  the  author 
was  known.  Other  lords  fpoke  bitterly  againft  both 
author  and  publifr^er.  The  chancellor  (Hardwicke) 
explains  the  liberty  of  the  prefs.  He  fays,  it  meant 
originally  the  liberty  of  printing,  inftead  of  tranfcrib- 
ing.  Says,  there  are  fevere  ftatutes,  unrepealed, 
againft  publifhing  defamatory  libels  in  writing,  before 

printing 


^  "Burv*  IV.  i'j'j*  \>  Pbb»  Lords,  vj.  16. 


Chap.  V.         DISQUISITIONS.  249 

printing  was  difcovered.  Lord  Talbot  anfwered,  that 
then  the  right  way  was.  That  any  lord  who  thought 
hitilfeif  injured,  (liould  profecuie  Whiteheady  before 
a  court  of  juflice,  *  Let  not,  fays  he,  fuch  a  charge 
lie  againft  us,  that  we  "wtvt  judges^  7^0^*  and  parties. 
in  the  fame  caufe  ^.*  Dodiley  was,  however,  taken 
into  culiody  of  black  rod. 

A  paper  entitled,  Confittutional  ^Aeries ,  was  fent, 
A*  D,  iJS^y  to  moft  perfons  of  rank  ^'^.  and  left  upon 
the  tables  of  moft  coffce-houfes,  iniinuating  defigns  a- 
.gainil  Frederic  prince  of  Wales,  and  the  proteftant 
fucceffion.  It  v^^as  ccnfured  by  both  houfes,  as  mali- 
cious, falfe,  &c.  and  the  king  was  requeued  to  give 
orders  for  profecuting  the  author,  &c.  But  no  author 
was  ever  found  out. 

In  the  hon.  Alex.  Murray  s  tryal,  the  lame  year, 
(who  had  been  ordered  by  the  commons  to  come 
to  the  bar  of  their  houfe  to  receive  «ppon  his  knees, 
his  fentence  of  imprifonment  in  Newgate  for  breach 
.of  privilege,  &c,  Mr.  Murray  not  thinking  his  crime 
worthy  of  a  chance  of  catching  the  gaol-diftemper, 
and  loiing  his  life  about  a  matter  of  privilege,  had 
prudently  kept  out  of  the  way)  in  the  debate  on  this 
affair,  I  fay,  it  was  obferved,  that  the  commons ,  in 
fuch  cafes,  aflumed  a  privilege,  which  the  king  has 
not,  {viz.  of  punifhing  a  fubjeft  v/ithout  legal  trial) 
excepting  in  the  peculiar  cafe  of  fafpending  the  Ha- 
beas Corpus  aft,  when  there  is  an  adtuai  rebellion  in 
the  country*  There  was  a  pamphlet  publiflied,  giv- 
ing a  full  account  of  his  cafe,  it  was  read  in  the 
houfe  of  commons,  and  the  ufual  black  epithets  of 
malicious,  feditious,  fcandaious,  &c.  heaped  upon  it. 
Vol.  I.  K  k  A  noble 


a  Deb.  Lords,  vi.  23. 

b  Jim,  Deb.  Com.  iv,  218,  219. 


2^0  POLITICAL  Book  IV. 

A  noble  duke,  who  happened  to  be  prefent,  was  fa 
afhamcd  of  the  pidure  drawn  of  him  in  the  pamphlet, 
that  he  made  his  efcape  out  of  the  houfe.  The  ' 
commons  addreffed  the  king  to  profecute  the  author, 
printer,  &c.  *  But  an  independent  Englijh  jury 
brought  in  a  verdid.  Not  guilty  ^J 

Mr.  Wilkes  %  profecution  does  not  properly  belong 
to  this  chapter^  having  been  carried  on  by  ihzfecreta^ 
ries  of  Jiate.  Of  his  repeated  expulfion  by  the  houfe 
of  commons,  infpite  of  his  re-eledion  by  agreat  majo- 
rity of  the  freeholders  of  Middlefex^  fee  the  fequel.'  I 
will  only  obfervc  here,  that  in  the  year  1773,  of  352 
members,  all  but  50  were  for  reveriing  the  determi- 
nation of  the  Middle/ex  election  by  a  bill  to  regulate 
the  rights  of  eledion  ^. 

The  mention  of  Mr,  Wilkes's  expulfion  and  re- 
eledion,  calls  up  that  of  Mr.  Adamsy  a  member  df 
the  affembly  of  £^r^^^^^J,  who,  A.  D.  1762,  was 
profecuted,  fined,  and  imprifoned  for  refifting  the 
iheriff  in  the  execution  of  his  duty.  The  affembly 
expelled  him.  He  was  re-eleded — re-expelltd.  His 
cledors  infifted,  that  they,  and  not  the  affembly  were 
the  judges  of  the  fitnefs  of  perfons  to  reprefent  them  j 
and  there  was  no  law,  by  which  Mr.  Adams  was  dif- 
qualified  for  a  reprefent  at  ive  merely  for  his  having 
refifted  the  fheriff,  though  there  was  for  puniihing 
him  otherwife,  which  punifliment  accordingly  he  had 
fuffered.  Mr.  Ada?ns  was  then  formally  difqualified 
by  ad  of  governor,  council,  and  affembly.  He  ap- 
pealed to  the  king.  His  difqualification  was  reverfed. 
With  a  declaration,  that  it  was  arbitrary,  and  contrary 
to  the  fpirit  of  the  Britifi  conftitution  c.     But  this  by 

the 


a  Jim,  Deb.  Com.  v.  6. 

b  Whitehall.  Even.  Post.   Jpr,  24>  I773« 

c  JUOND.  Mac,    1769.  p.    133. 


Chap,  V.         DISQUISITIONS.  251 

the  way.  To  return :  In  the  cafe  of  the  printers, 
who  publiflied  the  debates  of  the  houfe  of  commons* 
A.D,  1771,  and  were  proceeded  againft  by  that  houfe^ 
it  did  not  appear,,  that  they  had  any  legal  authority 
for  apprehending,  or  committing  j  for,  though  they 
obtained  a  royal  proclamation  againft  the  offenders, 
they  could  not,  or,  however,  did  not  oblige  them  to 
appear  before  them.  On  the  contrary,  the  lord  mayor 
and  aldermen  of  London  protected  the  printers,  and 
obliged  the  perfon,  who  apprehended  them,  to  find 
fecui-ities  to  anfwer  for  his  offence.  And  the  printers 
continued  to  publifh  the  debates.  One  of  the  alder- 
men wrote  to  the  fecrctary  of  ftate  an  account  of  his 
proceeding.  And  the  accufed  printer  fent  the  fpeaker 
the  opinion  of  council  upon  the  houfe's  proceeding 
and  the  royal  proclamation,  viz.  That  both  were 
illegal,  unconftitutional,  and  void.  On  that  occa- 
fion,  authorities  were  brought  from  hiftory  and  law' 
injuftification  of  what  was  done  by  the  lord  mnyor 
and  aldermen  in  oppofition  to  the  houfe  of  commons' 
as  follows. 

Burnet,  in  his  History  of  his  Own  Times,  re- 
lates. That  the  commons  fent  their  fcrjeant  to  bring 
before  them  many  of  the  abhorrers;  which  broughc 
their  authority  for  punifhing  any  others  belides  their 
own  members,  into  queftion,  becaufe  they  cannot  re-^ 
ceivc  an  information  upon  oath,  nor  proceed  againft 
thofe,  who  refufe  to  appear  before  them.  Many  re* 
fufed  to  obey  their  fummons ;  it  being  found,  that 
the  pradice  was  no  older  than  the  days  of  queen 
Elizabeth.  Again,  the  oath  of  every  alderman  obliges 
him  to  keep  up  the  franchifes  of  the  city;  one  of 
which,  granted  by  Edw.  ill.  in  parliament  is,  That 
^0  fummons,,  attachment,  or  execution  be  made  in 

the 


252  POLITICAL         Book  IV. 

the  liberty  of  the  city,  by  any  king's  officers  [confe- 
quentiy,  I  fuppofe,  much  lels  by  the  officers  of  the 
lower  houfc  of  parHament]  but  only  by  minifters 
[officers]  of  the  city/  The  charter  of  EJw.  IV. 
gives  to  the  corporation  of  London,  the  whole  and  ex- 
clufive  *  executio'n  of  all  warrants,  with  the  return  of 
the  fame,  by  fuch  their  minifter,  or  deputy,  whom 
they  (ball  thereunto  ufe.'  And  by  2  Wt/L  and  Mary 
the  corporation  of  London  is  conjfirmed  in  all  its  pri- 
vileges and  franchifes ;  of  which  it  is  not,  on  any 
pretence  whatever,  to  be  deprived,  &c.  ». 

Why  does  not  the  houfe  of  commons  let  the  peo- 
ple know  their  privileges?  Why  are  not  thofe  privileges 
eftablifhed  by  law?  When  they  think  themfelves 
offended,  why  do  they  not  profecute  the  offender  in 
a  legal  and  conjlitutional  way,  which  would  flop  all 
reflection  upon  them ?  The  kings  caufes  are  tried  in 
the  courts  of  juftice  by  judge  and  jury,  who  are  indif- 
ferent  perfons.  Why  is  any  individual,  or  any  affem- 
bly  of  men  whatever  to  htjudge^jury^  2Lnd  executioners 
in  their  own  caufe  ? 

The  lord  mayor  and  alderman  Oliver  were  after- 
wards committed  to  the  Tower  by  the  houfe  of  com- 
mons, who  refufed  to  hear  their  defence  by  council. 
Alderman  Wilkes  was  ordered  to  attend  the  houfe,  but 
he  fent  the  fpeaker  a  dired:  refufal,  becaufe  he  was 
not  fummoned  as  a  member,  to  anfwer  in  his  place. 

This  whole  proceeding  of  the  houfe  of  commons, 
was  condemned  hy  many  both  within  and  without 
doors.  And  it  may  be  affirmed,  that  the  people  of 
England  will  never,  while  a  fpark  of  the  fire  of  liberty 
remains,  be  reconciled  to  an  affumed  power  in  repre^ 

fentatives 


LoND.  Mag,  March,  1771,  p.  159. 


Chap.  V.  DISQUISITIONS.  2 53 

fentatives  to  imprifon  their  conjlituents  without  tryal 

by>ry 

It  has  been  faid,  ^  How  are  the  cotnmons  to  obtain 

the  informations  neceffary  for  making  laws,   or  en- 
quiring into  the  condud:  of  minifters,  if  they  cannot 
.oblige  perlons  to  attend T  The  anfwer  is.    They  cer- 
tainly cannot,  and  therefore  ought    to  have  a  power 
of  compelling  attendance  as  the  courts  have.     But  this 
has  nothing  to  do   with  their  afluming  a  power  of 
imprifoning  thcfe  who  do  attend,    or  would  if  their 
attendance  was  required   for  any  other   purpofe  than 
that  of  punijhivg  them.     In  fact,  no  inconvenience 
could  arife,  but,  on   the  contrary,  great   advantage^ 
from  every  court's  giving  up  what  the  king  muft  give 
up,  'viz*     The  claim  of  judging  and  punilhing  pre- 
tended contem.pts,  or  other  offences,  againft   them" 
felves.     It  is  a  whimfical  part  of  our  political  oecono- 
my,    that,    if  any  perfon,    or  body  of  the  fubjeds 
offends   the   houfe  of  commons,  they  take  the  matter 
into  their  own  hands,  and  puniih  with  fine  and  impri- 
fonment.     But  if  a  minifter  has  offended  againft  the 
people,  the  commons   can  only  impeach   him  before 
the  upper  houfe.     The   commons   themfehes  punifh 
offences   againft  themfehes  5  which  one  would  rather 
fuppofc  they  would  refer  to  others  3  and  they  refer  to 
others  the  punifhment  of  offenders  againPc  the  people, 
whofe  guardians  they  are,  v/hich  one  would  rather 
fuppofe  they  would  keep  in  their  own  hands.     The 
truth  is,  the  proper  fundion  of  the   houfe  of  com- 
mons is  twofold,  viz.  Inqnifitorial,  and  legijlative  j 
but  they  are  ever  running  into  the  executive,  which  is 
no  part  of  their  office. 

It  was  argued,  in  defence  of  the  lord  mayor,  on 
the  fame  occafion,  That  the  courts  of  law  have  power 


254  POLITICAL  EooklV. 

to  enquire  into  the  a£ls  of  the  higheji  authority.  *  If 
the  king  himfclf  exercifes  any  a<ll  of  power  not  con- 
formable to  laWy  the  ccurts  will  remedy  it/  Lord 
chief  juftice  Hoh^  on  another  occaiion  of  the  fame 
kind,  infifted,  *  That  if  what  the  houfe  of  commons 
called  a  contempt,  was  not  really  fuch,  the  perfon 
committed  muft  be  difcharged  by  the  court  of  king's 
bench  or  common  pleas ; '  and  in  this  opinion  he  was 
fupported  by  the  lords.  The  fame  celebrated  judge 
held,  that  the  vote  of  the  houfe  of  commons  forbid- 
ding any  one  to  feek  a  legal  remedy  againft  their  or- 
ders, was  illegal,  and  he  accordingly  difcharged  the 
perfons  committed  for  contempt  of  that  order  a. 

Hakewel^  brings  many  inftances  of  perfons  puni{hed 
for  ferving  members  with  fubpcenas,  writs,  &c.  while 
the  houfe  was  fitting.  Profecutions  againft  members 
were  commonly  flopped  by  letters  iffued  from  the 
houfe.  Members  were  by  privilege  exempted  from 
ferving  as  jurymen.  He  brings  alfo  a  multitude  of 
inftances  of  members  fervants,  &c.  being  fet  at  liberty 
from  arrefts^.  A*  D.  1640,  the  time  of  privilege 
was  16  days  excltifive  before  parliament,  and  15  days 
inclufive  after  ^. 

Privilege  of  parliament  extended  not  only  to  the  per* 
fons  of  members,  but  to  their  cattle  and  other  goods  ^. 

Mr.  Arthur  Hall,  A,  D.  1580,  was  committed  to 
cuftody  of  the  ferjeant,  for  publifhing  conferences  of 
the  houfe ;  and  afterwards  to  the  Tower  for  6  months, 

expelled 


a  See  London  Mag.  ^^nV,  1771. 

b  Mod.  Tenekd.  Parl.  88. 

c  Ibid,  gj,  d  Ibid.  lo^i 

C  llalet\  PowBR  or  Pari,.  2S.. 


Chap.  V.       DISQUISITIONS.  ^55^ 

expelled  the  houfe,  and  fined  500  /.  ^     He  refufed  to 
retra(ft,  and  was  for  ever  difabledto  fit  in  parliament. 

I  am  afraid  of  tiring  the  reader  by  enumerating 
inftances  of  fuch  parliamentary  profecutions,  as  may 
be  faid  to  be  frivolous,  or  arbitrary,  A  well  confti- 
tuted  and  upright  parliament  will  have  but  little  occa- 
fion  to  profecute  for  difrefpedful  fpeeches  ;  for  no 
body  will  fpcalc  difrefpedfuUy  of  an  affembly  of  men, 
who  fiiew  themfelves  folely  and  fincerely  attached  to 
the  public  good.  Or  if  any  perfons  fhculd  be  fo  rafh 
and  malignant,  the  general  hatred  or  contempt,  which 
they  will  certainly  draw  down  upon  their  own  heads, 
WiWfuperfede  all  ufe  of  profecution  by  the  offended  per- 
fons. Or  if  profecutions  be  necefi^ary,  let  profecution 
be  commenced(  as  whenoifence  orinjury  arecommitted 
againftthe>^/;7^ )  in  the  courtsoil'SLWy  and  let  the  accufed 
be  tried  according  to  the  known  laws  ofhis  country,  and 
be  acquitted  or  condemned  by  the  verdict  oi^i  jury. 
All  other  modes  of  trial  are  violations  of  the  confti- 
tutfon. 

The  colled:5on  made  by  Petyty  in  his  Miscel. 
Parl.  of  parliamentary  profecutions  on  account  of 
dilrelpedful  fpeeches,  makes  our  anceftors  appear 
mean-fpirited.  John  fnch-a-one  wilhed  ihat  the  devil 
would  tak*e  the  parliament.  Thomas -ixxoh  another  faid, 
the  parliament  was  carrying  on  works  of  darknefs.  A 
third  faid,  he  was  net  afraid  of  the  pillory.  What 
then  ?  Was  it  not  infinitely  beneath  the  magnanimity 
of  a  fupreme  legiflature  to  take  notice  of  fuch  trifles  ? 
This  recals  to  my  memory  an  old  prefentment  by  an 
inquefli  '  We  layen,  that  John  Stevens  is  a  man,  we 
cannot  tell  what  to  make  of  him  5  and  he  hath  books, 
'  we  do  not  underiland  them.' 

CHAP 


a  Hakcsjvely  Mob.Tbnbkd.  Parl,  72,, 


256  POLITICAL  Book  IV. 

CHAP.     VL 

Of  excluding  the  People  from  the  houfe  of  Commons^ 
and  punijhing  thofe  who  publijh  the  speeches  made 
there. 

ANOTHER  confequence  of  the  inadequate 
ftate  of  parliamentary  reprefentation,  and  of 
too  long  parliaments,  is  a  dangerous  power 
affumed  by  the  commons,  of  clearing  their  houfe,  and 
excluding  their  conftituents  from  the  fatisfaction  of 
knowing  how  their  deputies  behave  themfelves,  and 
whether  they  confuit  the  public  intercft,  or  play  the 
game  into  the  hands  of  the  miniftry.  Upon  the  fame 
principle  they  found  the  pradice  of  punifhing  all  per- 
lons,  who  publiih  any  fpeeches  made  in  their  houfe. 

As  to  the  hou(e  of  lords,  fuppofing  it  once  granted, 
that  it  is  wiie  to  allow  any  fct  of  men  a  power  of  con- 
fulting  for  themfelves,  without  regard  to  the  public, 
and  putting  a  negative  upon  the  moft  falutary  national 
propofals,  if  thought  by  them  likely  to  entrench  upon 
their  particular  privileges  (a  point,  the  proof  of  which 
1  {hould  be  forry'to  have  impofed  on  me)  fuppofing,  I 
fay,  a  houfe  of  lords  upon  the  foot  of  the  ^ritijh,  it 
follows,  that  they  have  a  right  to  exclude  all,  but 
peers,  from  their  deleberations ;  bccaufe  they  are  do- 
ing their  o-wn  bufinefs,  and  not  the  public ;  they  are 
acting  for  themfelves^  and  are  principals,  and  not 
deputies. 

But  furely  the  faithful  reprefentatives  of  the  people^ 
cannot  dread  the  people  s  knowledge  of  their  proceed- 
ings in  the  houfe.  An  ariitocracy  of  perfons,  whofe 
intereit  may  be  different  from  that  of  the  people,  a 
court  of  iuquifition,  or  a  Venetian  council  of  Ten, 

might: 


Chap.  VI.      DISQUISITIONS.  557 

might  be  expeded  to  (hut  themfelves  from  the  fight 
of  the  people,  but  not  a  houfe  of  reprefentatives  affem- 
bled,  by  the  people's  order,  to  do  the  people's  bufmefs. 
How  are  the  people  to  know  which  of  their  delegates 
are  faithful,  and  ought  to  be  trufted  again,  or  which 
otherwife,  if  they  are  to  be  excluded  the  houfe  ? 

Even  in  the  houfe   of  peers>    this  cuflom  has  been 
blamed* 

*  It  is  not,  my. lords,  faid  the  earl  of  CheJIer field  on. 
this  fubjed,    A.   D.    1740,  by  excluding  all  iorts  of 
ftrangers  that  you  are  to  preferve  the  antient  dignity 
of  this  aflembly  :     it  is  by  excluding  all   manner  of 
quibbling,  impertinence,  deceit,  weaknefs,  and  cor- 
ruption.    Thefe,  I  hope,  are  ftrangers  here  :    I  hope 
your  lordfhips  will  take  care  never  to  admit  any  one 
of  them  within  thefe  walls;    but  by  excluding  other 
ftrangers,    when  you  have  nothing  of  a  fecret  nature 
under  confideration  you  will  only   raife  a  jealoufy 
of  the   dignity  of  your  proceedings  3    and  if  this  jea- 
louly  (hould  become  general,  without  doors,  you  will 
in  vain  feek  for  refpeitt  among  the  people  */ 

There  were  many  flrangers  in  the  gallery  of  the 
houfe  of  peers,  on  occafion  of  the  enquiry  into  lord 
Peterborough's  condudl  in  Spain^  A.  D,  17 11.  A 
motion  was  made  to  clear  the  gallery.  But  the  duke 
oi  Buckingham  oppoicd  it,  and  they  were  fuffcred  to 
flay  b. 

The  commons,  A.  D»  1714J  having  cleared  their 
houfe  of  all  ftrangers,  not  excepting  ^^^ri",  it  was  moved 
in  the  houfe  of  peers,  that  the  houie  be  cleared  ot  ail 
ftrangers,  not  excepting  members  of  the  houle  of  com- 
mons. The  duke  cf  Argyle  oppofed  the  iLutting  of 
the  houfe  of  peers,  and  laid,  it  was  for  the  honour  of 
Vol.  L  L  i  that 


A  Dbb,  Lords,  yii.  590.  b  Ibid.  11.283. 


258  POLITICAL  Book  IV.' 

that  auguft  affembly,    to  fliew  that  they  were  better 
bred  than  the  commons  ^. 

Hakeweli^ys^y  the  commons  finding  perfons  in  their 
houle  who  had  no  right  to  be  there,  have  obliged  them 
to  take  all  oath,  that  they  would  kcepfecret  what  they 
had  heard. 

•  Of  right  the  door  of  the  parh'ament  ought  not  to 
htfiut^  but  to  be  kept  by  porters,  or  king's  ferjeants 
^t  arms,  to  prevent  tumults  at  the  door,  by  which 
the  parliament  might  be  hindered  c/ 

It  was  common  in  former  times  for  the  members 
thcm.felves  topublifli  their  fpeeches  made  in  the  houfe. 
Accordingly  there  are  extant  to  this  day,  many  of 
them  in  pamphlets  of  thofe  times,  and  in  Rnjhworth's^ 
i^aljon\y  and  other  colleftions.  In  our  times  it  is 
punifhable  to  publiiTi  any  of  their  doings,  though 
they  do  not  themfehes  publiQi  them,  and  the  very  gal- 
lery is  cleared,  that  we  may  not  know  which  of  our 
deputies  \s  faithful  io  us,  nor  w-hich  betrays  us. 

The  order  of  the  houfe  of  commons  againft  printing 
the  Ipeeches  was  made,  A.  D,  1641  ^,  in  times  which 
Gur  courtly  men  will  hardly  allow  to  be  of  good 
authority.  The  order  itfelf  is  not  juftifiable  upon  any 
principles  of  iibertyy  or  of  reprejentation^  unlefs  the 
debates  were  regularly  publifhed  by  the  members.  For 
pubiified  they  ought  undoubtedly  to  be;  ii delegates 
ought  to  be  refporifible  to  their  conjlituents.  My  lord 
mayor,  theretore,  and  Mr.  alderman  Oliver  were 
feverely  dealt  with  in  being  fent  to  the  Tower,  A,  D. 


a  Tind.  CoNTiN.   i.  345. 

b  Hakenxid,  MoK>.  Ten  end.  Parl.  %S. 

c  Ibid.  p.  23 

4  Jlm.hiit  Com,  ix.  274. 


Chap,  VI.        DISQ^UI  SIT  IONS.  259 

1 77 1,  for  defending  the  prinfers  in  doing  only  what 
ought  to  have  been  done  by  ^\t  members. 

Sir  Edward  Derwg^  fpeeches  were  publiihed  by 
bhnfelf,  A.  D.  1641, 

*  Refolved,That  they  are  againft  the  privilege  of  the 
houfe,  and  fliall  be  burnt  by  the  hangman  in  Weji- 
minjler,  Cbeapfide,  and  Smithfield ;  him -elf  difabled 
during  the  parliament,  and  to  be  imprtfoned  in  the 
Tower,  during  the  pleafure  of  the  houib/  He  was 
relealed,  however,  in  a  few  days  a, 

A,  D.  i72o,the  proprietors  of  the  redeemable  funds 
being  difcontented^  petitioned  to  be  heard  by  council 
againft  a  bill  then  before  the  houfe.  They  went  in 
confiderable  numbers  to  the  lobby,  to  wait  the  event. 
Thejuftices  were  ordered  to  clear  the  paffages.  They 
read  the  riot-ad:.  On  which  occafion,  fome  of  the 
petitioners  faid.  It  feenied  to  them  a  ftrange  proceed- 
ing, to  treat  a  fet  of  peaceable  (ubjeds,  people  oi  pro^ 
pertyy  who  attended  the  houfe  to  complain  of  griev- 
ances,  as  a  riotom  mob  ^  and  that  the  commons  firft 
picked  ihtiv  pockets,  and  then  (ent  them  to  jail  for  com- 
plai?2ir}g. 

Whatever  has  been  advanced  in  fupport  of  printing 
the  Votes  and  Journals,  is  equally  ftrong  agf^inft  clear- 
ing the  houfe.  The  houfe  of  commons  is  the  people*^ 
houfe,  where  the  people's  deputies  meet  to  do  the 
people's  bufinefs.  For  the  people's  deputies,  therefore, 
to  (hut  the  people  out  of  their  own  houfe,  is  2i,rebellion 
ohhcfervafits  againfl:  their  mailers.  That  the  members 
of  parliament  are,  according  to  the  conjlitution,  ier- 
vants,  is  manifeft  from  the  notorious  fadt  of  their 
conftantly receiving  wages  for  mcinycenturies  together, 
which  members,  accordingly,    forfeited  by  abfence, 

negled: 


a  Parl.  Hist.  x.  267, 


?6o  POLITICAL  Book  IV- 

jiegleft,  &c.  '  Who  fent  us  hither  ?*  (fays  Sir  F, 
JVinntngtcn,  in  the  debate  upon  this  fubjccft,  A.  D. 
3681.)  *  The  privy-council  is  conftituted  by  the 
Jiiing ;  but  the  houfe  of  commons  by  the  choice  of 
the  pecpk.  I  think  it  not  natural,  nor  rational,  that 
the  people  who/ent  us  hither,  fliould  not  be  informed 
of  our  adions.  a*  Suppofe  the  diredors  of  the  EalU 
India  company  were  to  (hut  out  the  proprietors  from 
their  houfe,  and  then  difpoje  of  their  property  at  their 
pleafure,  defying  all  rcfponfihility^  how  would  this  be 
taken  h^  the  proprietors?  The  excluding  the  people 
from  the  houfe  of  commons,  and  puni(hing  the  pub-? 
lifhers  of  their  fpeeches,  is  precifely  the  fame  in- 
croachment  on  the  people's  rights  5  only  fomuch  the; 
more  atrocious  in  confideration  of  there  being  no  rer 
gular  ^/'/^^/from  parliament,  whereas  there  is  froni 
the  diredors  of  a  trading  company. 

&\v  John  Hartop  moved,  A,  D.  168 1,  that  the 
votes  might  continue  to  be  printed  ^.  A  motion  for 
printing  the  votes,  A,  D.  1688,  paiTed  in  the  nega-? 
tivec.  The  votes  of  the  commons  were  ordered  to  be 
printed.  A,  D.  1690^.  The  gallery  and  fpeaker's 
chamber  weie  cleared  of  Jlrangers,  on  occafion  of  the 
profecution  of  Mr.  (afterwards  Sir  Richard  Steele^ 
AD.  1713  ^  Refoiutions  were  made,  A.D.iy^2f 
to  print  the  journals  of  the  houfe  of  commons,  which 
begin  with  Edw.  Vi  ^,  tothenumber  of  30  volumes, 
1000  copies  5  which  is  done  accordingly  i  I  know  not 
whether  begun  at  that  time,  or  afterwards.  FotA.Dn 
1752,  *  the  houfe  came  to  a  refolution  to  print  their 
Journals,  which  had  hitherto  been  in  manufcript.g* 

There 


a  Deb.  Com.  ii.  105.         b  Ibid,  104.         c  Ibid.  201. 
^   Ibid    375.  e  Ibid.  V,  67.  f  Ibid,  xi  11,  264, 

g  ^im>  De?.  Com.  v.  34, 


Chap.  VI.       DISQUISITIONS.  261 

There  was  a  long  debate  about  printing  the  pro- 
ceedings and  debates  of  the  houfe,  A.  D»  1738,  in 
which  it  was  oblerved,  that  it  is  a  hardship  for  mem- 
bers to  have  their  fentiments  mifreprefented  and  falji^ 
jied  in  News-papers  and  Magazines,  &c.  But  Mr. 
Pulteny  iaid,  '  ParJiafmnts,  when  they  do  any  thing 
a?nilSy  will  be  talked  of  with  the  fame  freedom  as  any 
other  fct  of  men  whatever.  This  parliament,  I  hope, 
will  never  dcferve  it ;  but,  if  it  did,  I  fliould  be  very 
forry,  that  any  refolutions  were  entered  into,  in  order 
to  prevent  its  being  reprefented  in  the  prefent,  or  the 
next  age,  in  its  proper  colours.  Whatever  the  other 
houfe  may  do,  I  hope,  we  Ihall  never  Jlretch  our 
privilege  fo  far,  as  to  cramp  ^h^  freedom  of  writing  on 
public  affairs  a.* 

There  was  a  pamphlet  at  this  time  afcribed  to  WaU 
poky  which  contained  a  hiilory  of  queen  Anne\  tory 
parliament.  This  publication  Walpole  defended,  be- 
caufe  that  parliament  deferred  to  be  difgraced.  But 
who  fliall  decide  which  parliament  deferves  to  be  dif- 
graced^  and  which  to  be  honoured.  The  furc  way,  in 
all  events,  is,  to  admit  as  ;;;^;2y  ftrangers  as  the  galle- 
ries will  conveniently  hold;  that  the  members  order 
genuine  copies  of  their  fpeechs  to  be  publifJoed-^  of 
which  authenticity  the  hearers  in  the  galleries  will  be 
able  io  judge 'y  and  then  no  fpurious^  or  unauthenticat^ 
ed  publications  of  fpeeches  will  be  received  by  the 
people;  becaufe  they  will  certainly  chufe  to  read 
thofe  whofe  authenticity  is  eftabliihed  by  a  cloud  of 
mtneffes. 


a  Deb.  Com.  x.  278—287, 


tbz  POLITICAL  Book  IV. 


CHAP.    VIL 

Of  Ahfenfees  from  the  Hjufe^  and  Members  negleStin^ 
Parliamentary  Btfmefs, 

ANOTHER  evil  arifing  from  the  miferably  in- 
adequate ftate  of  reprefentation  and  confequent 
contempt,  which  members  acquire  for  their 
conftituents,  is,  their  taking  the  Hberty  of  ahfenting 
themfelves  for  frivolous  or  no  reafons,  and  of  attend- 
ing very  carelefsly  to  the  bufinefs  of  the  nation,  when 
they  come  to  the  houfe.  Did  a  gentleman  recolledl, 
that  at  his  eledion  he  received  an  aweful  charge  from 
an  augufi  meeting  of  5000  of  his  countrymen,  and 
gave  a  folcmn  prcmife  fealed  with  the  reHgion  of  an 
oath  to  be  diligent  2inA  faithful  in  difcharging  the  mo- 
mentous truft  then  committed  to  him,  and  did  he 
know,  that  thofc  who  employed  him,  would  cenfure 
him  pubhcly,  if  they  found,  that  he  did  any  body's 
bcfinefs  in  parliament  but  theirs-,  he  would  tremble 
at  the  thought  of  trifling  with  \o  facred  a  fundion. 
But  when  ayouth  juft  come  from  0:v/ir^/,  remembers, 
that  he  was  eledled  (as  it  is  called)  by  a  few  drunken 
idiots  in  a  paltry  borough ^  and  carried  round  the  town 
in  an  old  oaken  chair,  and  that  he  has  his  place  as  he 
has  his  eftate,  or  that  he  gave  every  voitv  five  guineas ; 
it  is  no  wonder,  that  he  confiders  the  whole  as  a  very 
paltry /^rr^,  which  he  may  attend  to,  or  negle^,  as 
he  pleafes. 

It  is  fuppofed  that  members  of  parliament  have 
often  done  the  bufinefs  of  a  corrupt  court  by  feajonably 
^\2iy\v.g  truant.  1  hofe  gentlemen  fliew  themfelves 
not  abandoned  to  all  fenfe  of  (liame.  When  the  pub- 
lic has  been  betrayed  by  a  villainous  vote  for  an  aug-  > 

mentation 


Chap.  VII.        DISQUISITIONS.         26^ 

mentation  of  the  army,  or  an  extenfion  of  the  excife 
laws,  they  did  not  vote  worng^  they  cry  ;  they  were 
not   there.     But  niohy  were   they  not   there,  to  vote 
right,    and  endeavour   to  make,  others   vote   right  ? 
Why  were  tbey  not  upon  duty,  taking  care  of  their 
country^  Ah!  if  a  man  loves  his  young  and  beauti- 
ful wif^,  and  regards  his  honour,  he  will  not  leave 
her  in  the  hands  of  a  known  rake  ;  or  if  he  loves  his 
money y  he  will   not   leave   his  ftrong   box  open  to  a 
thieviili  fervant^.     No  more  will  a  gentleman,  who 
loves  his  country y  leave  her  in  the  hands  of  unknown 
perfons,  who  may  betray  her.     Do  gentlemen  conii- 
fider  of  what  confequence  a  few  votes  may  be  ? 

The  oath  in  favour  of  paffive  obedience  and  non- 
refiftence  was  rejeded  by  only  three  votes.  The  billy 
A.  D.  1692,  for  totally  diiqualifying  placemen  for 
fitting  in  the  houfe  of  commons  (the  beft  bill,  furely, 
as  to  its  objcd,  that  ever  was  brought  into  the  houfe) 
was  rejeded  by  only  two  votes.  The  famous  amend- 
ment by  the  lords  to  the  bill  oi  Jan.  ^7.  J702,  by 
which  amendment  it  was  made  high  trealon  to  attempt 
to  fet  afide  the  proteftant  fucceffion  in  the  houfe  of 
Hanover  in  cafe  of  queen  Anne's  leaving  no  pofterity, 
was  carried  by  only  one  vote,  118  to  117^.  I  have 
been  told,  that  a  member  of  that  parliament,  who 
was  infirm  and  gouty^  but  proved  faithjul  to  his 
country  in  attending  at  the  hazard  of  his  life^  often 
mentioned  his  own  proceeding  on  that  occafion  with 
pleafurey  and  particularly  on  his  death-bed. 

The  ruinous  ad  in  favour  of  the  French  trade,  A^  D, 
1713,  was  thrown  out  by  only  nine  votes,  viz,  194. 
againft  185  c.     Only  9  true  Englijhmen  in  the  houfe  ! 

In 


a  See  Cato's  Lett.  No.  i)(), 

b'DEB.  Com.  v.  Append,  no.  e  Ibid,  r,  ko. 


264  POLITICAL  Book  iV^ 

In  the  end  of  queen  Anne's  reignf  a  placebill  wag 
loft  in  the  houfe  of  peers  for  want  of  one  vote,  while 
one  of  the  lords,  who  had  too  proxies  in  his  pocket, 
was  buying  a  penknife. 

The  adt  A.  D.  1728.  by  which  a  fine  of  500/.  is 
enadled  for  afking,  or  receiving,  by  himfelf,  or  ano- 
ther, money,  or  other  reward,  by  way  of  gift,  loan, 
or  device,  &c.  fjr  voting,  or  declining  to  vote  at 
eledions  of  members  of  parliament,  was  carried  by 
only  two  votes,  I'tz,  91  to  89. 

The  motion  A.  D.  1741,  fof  enquiring  into  the 
condudl  of  affairs  in  Walpoles  20  years  reign,  was 
carried  in  the  negative  by  two  votes,  244  to  242. 

*  How  often,  while  iht  merits  of  a  conteded  eledion 
have  been  trying  within  thefe  walls,  have  the  benches 
been  ahnoft  empty?  But  the  moment  the  quejiion 
approached,  how  have  we  feen  the  members  eagarly 
croud  to  their  feats,  and  then  confidently  pronounce 
upon  a  fubjedt,  on  which  they  had  not  heard  a  fyl-- 
labky  but  in  private  from  the  parties  a/  To  fuch  a 
mockery  have  been  reduced  the  moll  important  of  all 
earthly  things,  I  mean  parliaments.  After  turning 
them  in  this  manner,  to  2.farce^  after  laying  afide  all 
that  was  iijeful  to  the  people  in  them,  what  ftep  are  we 
moft  likely  to  take  next,  but  to  lay  parliaments  them- 
felves  afide  ? 

Our  anceftors  were  fenfible  of  the  evil  of  abfenting, 
and  therefore  they  made  laws  iov  punijlmg  delinquent 
members  by  muld  b.  So  among  the  Romans,  abfen- 
tees  from  the  fenate,  without  lufficient  caule  fhewn, 
were  fineable,  and  obliged  to  give  fccurity  for  pay- 
ment. 


a  Speech  of  a  member,  l,o^D,  Mag.  Ma^t  ^77^>  P«  ^^^* 
h  Parl.  Hist,  i.  396. 


Chap.  VII.       DISQUISITIONS.  265 

menta.  By  7  Edw»  I.  ftat.  i.  '  To  all  parliaments 
and  treatifes'  [treaties,  or  meetings  for  public  hufi- 
nefs]  *  every  n>an  (hall  come  without  force  of  arm s^.' 
See  the  5th  flat.  Rich.  II.  cap.  4.  '  That  every  one, 
to  whom  it  appertaineth,  fhall,  upon  futimons, 
eome  to  the  parliament  c.'  By  7  Hen.  VIII.  cap. 
16.  ^  No  knights  of  (hires,  nor  burgtfles  (liall  depart 
before  the  end  of  parliament  ^/  [N.  B.  We  (hould 
fay,  before  th<:  end  of  ik\^  feffion.  But  in  thofc  times 
every  ieflion  was  a  parliament.]  The  penalty  was 
lofs  of  wages.  A  call  of  the  houfe,  A  D.  1641, 
with  fevere  penalties  for  abfentees.  Orders  and  reib- 
lutibns  for  putting  the  kingdom  in  a  ftate  of  defence^. 
A  call  of  both  houfes.  A,  D  1647,  24.0  comm.oners 
were  abfent  ^.  A  fine  of  20/.  feton  thole  whole  excufe 
was  not  allowed  by  the  houfe.  *  Refolved,  A.  D. 
1709,  that  fuch  members  as  abfent  themfelves  with- 
out leave,  be  reputed  dejerttrs  of  their  truji,  and  neg^ 
ledlors  of  the  duty  they  owe  to  the  houfe  and  to  their 
country  g.' 

Thus  we  fee,  inadequate  reprefentation,  and  long 
parliaments  produce  in  our  members  of  parliament  a 
contempt  for  the  people  5  negledt  of  inftruSions^  and 
refufal  of  rejponfibiiity^  put  families  upon  fetting  up 
for  legillators  iio^n  generation  \.o  generation^  fo  that  At;/ 
perfons  in  one  family  may  be  members  at  the  fame 
time,  and  it  has  been  found,  that  individuals  have 
fate  30,  40,  and  50  years  in  the  houfe.  Inadequate 
reprefentation  is  one  caufe,  why  the  members  cannot 
be  fuppofed  even  to  know  the  fenfe  ot  the  people,    as 

Vol.  I.  M  m  they 


a  C/V.  De  Legib.   III.     Luv,  111.38. 
b  Stat,  at  Large,   i.  82.  c  Ibid.  333, 

d  Ibid.  698.  ePARL.  Hist.  IX.  298. 

I"  Ibid.  XVI.  317.  g  Dbb.  Com,  IV,  139, 


266  POLITICAL  BooklV. 

they  are  not  chofen  by  the  generality  of  the  people ; 
but  by  a  handful.  Inadequate  reprefentation  deprives 
the  greateft  part  of  the  people,  both  in  number  and 
property,  of  their  weight  in  legiflation,  and  gives  it  up, 
as  a  monopoly t  into  the  hand&  of  a  few.  It  is  the  ori- 
ginal caufe  of  the  commons  affuming  exorbitant /?r/- 
vileges  to  the  difadvantage  of  the  people  j  of  their 
projicutmg  and  imprifoning  their  conftituents ;  oi  con^ 
cealing  from  the  people,  their  creators,  the  tranJaBiom 
of  their  houfe  ;  of  their  abfenting  thcmfelves  and  neg^ 
l0ing  the  bufinefs  of  the  natim^  &c. 


Chap.  I.  DISQUISITIONS.  267 


BOOK     V. 

Of  Parliamentary  Corruption. 


CHAP.     I. 

Of  the  Origin y  Funds ^  and  Materials  of  Corruption^ 

TWOweakneffesin  hamannature have  produced 
briberj^,  corruption,  and  many  other  wicked 
arts  y  1  mean,  the  love  of  power ^  and  the 
love  of  money.  In  antient  times  men  in  fuperior  fta- 
tions  u^erc  drawn  into  many  of  their  bad  praftices 
by  thQ/ormer,  The  latter  is  our  difeafe,  and  a  louiy 
difeaie  (  I  afk  the  reader's  pardon)  it  is.  For  if  there 
be  a  vice  incompatible  with  any  degree  of  magnani^ 
mityy  greedinefs  of  money  is  that  vice. 

It  is  difficult  to  exclude  corruption.  Where  there 
is  any  thing  v/orth  ftriving  about,  fuch  creatures  as 
men  commonly  are,  will  ufe  indired:  means  for  at- 
taining it. 

'Undue  influence  in  eleflions  for  offices  prevailed  at 
R&me  fo  early  as  the  458ih  year  from  the  building  of 
the  city  a.  Which  occaiioned  the  making  a  law  to 
prohibit  canvaffing  for  votes. 

But  the  difficulty  of  excluding  corruption  is  no  rea- 
fon  for  giving  over  all  endeavours  to  aboli(h  it ;  any 

more 


a  Ant.  Univ. Hist,  xii,  44,  114, 


268  POLITICAL  Book  V. 

more  than  the  difficulty  of  living  a  i)irtuous  life  amidft 
the  various  temptations,  to  which  our  frail  nature  is 
expofed,  is  a  rtafcn  for  our  giving  over  all  endeavours 
to  regulate  our  eondu<£t  by  tliC  ftridl  laws  of  morality. 
On  the  contrary,  we  mujl  refohe  to  live  a  lite  of  vir- 
tue, however  difficult  it  may  be,  or  we  are  undone  as 
individuals  y  and  w^e  maft  root  corruption  out  of  the 
ftate,  or  we  are  undone  as  a  nation, 

Arijlotle^  obferyes,  That  men  in  low  circumftances 
did  not,  in  his  tme,  afpire  after  places  of  power  and 
trufl,  becaufe  they  were  unprofitable^  and  they  could 
not  afford  to  negledt  their  own  private  affairs,  to  at- 
tend on  iht  public  i  and  that  men  ol  J  or  tune  only 
could  properly  fill  thofe  employments,  becaufe  they 
were  under  no  temptation  to  plunder  their  country. 
In  our  times,  who  have  no  idea  of  ferving  the  public 
for  nought i  we  fee  all  men,  rich  and  indigent^  ftriving 
who  Ihall  obtain  the  greateft  (hare  of  the  public 
pffices,  becaufe  they  are  zW  lucrative y  and  thofe  whofe 
fortunes  are  the  largejiy  find  them  ftill  too  fmalliov  J 
their  extravagance^  which  produces  the  continual 
Jcramble  we  fee. 

The  Polijh  nobleffc  confidcr  their  votes,  for  king, 
in  the  fame  manner  as  the  inhabitants  of  our  rotten 
boroughs  do  theirs  for  members  of  parliament,  that 
is,  as  part  of  \ht\xJortune.  But  the  wickednefs  of  our 
eledioneering  is  tenfold  beyond  that  of  the  Poles.  For 
it  is  no  great  matter  who  is  king  of  Poland-,  becaufe 
he  has  no  power  to  do  fnijchiej-,  whereas  our  parlia- 
mentJiasa  power  lo  tranJcendentyi'sLysjudg^Black/lone^ 
that  it  is  impoffibie  to  fix  its  limits.  Therefore,  to 
vote  for  a  candidate,  who  gives  a  bribe,  is  felling  our 
country  to  a  man,  who  has  proved  hirofelf  a  knave^ 

and 


a  PoLiT.  V,  S. 


Chap.I.        DISQJJISITIONS.  269 

and  giving  him   power  to  do  infinite   mifchief,    for 
which  he  is  not  refponfible  or  punifhable. 

Bad  minifters,  in  jur  times,  thruft  themfelves  into 
power  chiefly  with  a  defign  of  filling  their  pockets^ 
and  advancing  their  families  and  friends.  And  it  is 
much  to  be  lamented,  that  there  is  fuch  ample  oppor^ 
tunity  for  them  10  gratify  their  exorbitant  defires.  It 
is  univerfally  allowed,  that  a  Britijlo  miniftry  has  the 
difpofal  oijeveral  millions  annually  of  the  public  mo- 
ney. And  the  reader  may  judge  what  opportunity 
there  mull:  be  for  them  to  chip  off  fragments  and  cor- 
ners from  fuch  prodigious  maffes,  without  the  pub- 
lic's being  ever  acquainted  with  fads  in  fo  particular  a 
manner  as  to  convidi  a  minift^^r,  or  his  tools,  of  the 
plunder  they  have  committed. 

As  parliament  is  the  natural  check  upon  the  wicked 
meafures  of  kings  and  courts^  parliaments  muft  be 
managed  to  obtain  their  connivance  at  the  proceedings 
of  kings  and  courts.  Therefore  in  former  times  the 
court  not  being  poffefTed  of  the  neceflary  funds, 
wheedled^  or  bullied  them  j  now  they  make  ufe  of 
(what  they  think  the  furer  means,  liz?)  bribing  and 
buying  ikizvci.  And  our  miniflers,  fince  the  revolu- 
luiion,  have  carried  this  liberal  art  fo  far,  as  to  ftudy 
no  other  fyftem  of  politics,  or  government,  than  find- 
ing out /rc^^r  men  for  their  purpofe,  and  filling  the 
houfe  of  commons  with  them  \  and  the  whole  difi:l::r- 
ence  between  one  miniftry  and  another,  is  that  one 
junto  has  a  better  knack  at  managing  parliaments  than 
another. 

The  chief  materials,  by  which  a  minifter  keeps  up 
an  afcendency  in  parliament,  are,  1.  The  prodigious 
fums  of  pubhc  money y  of  which  he  has  the  difpofal. 
2.  The  innumerable  places  in  the  cuftoms,  exci(e, 
falt-duty,  &c.  and  in  the  navy,   army  and  church, 

the 


270  POLITICAL  BookV. 

the  greatefl:  part  of  which  are  at  the  difpofal  of  the 
minifter. 

Latter  tunes  have  thrown  into  the  minifterial  fcale 
a  weight  unknown  to  former  ages ;  I  mean  the  na^ 
tional  debt.  The  anixety  of  the  public  creditors,  the 
proprietors  of  the  funds,  about  public  credit^  is  a 
powerful  caufe  of  their  (hewing  a  reluBance  againft  all 
propofals  for  falutary  alterations^  or  rejioratiom.  But 
their  reafonings  on  this  fubjed  are  not  founder  than  it 
would  be  for  the  inhabitant  of  a  crazy  building  to 
oppofe  all  repairs,  and  to  infill,  that  the  beft  way  for 
preventing  his  manfion  from  coming  in  ruins  upon  his 
head,  is  to  let  itfalL    Of  which  more  fully  hereafter. 

The  revenue  of  the  civil  liji,  which  is  nominally 
800,000/.  per  annumy  but,  by  means  of  a  demand 
from  time  to  time  of  half  a  million  to  pay  off  its  pre- 
tended deficiencies  or  debts,  is  really  near  a  million 
(in  the  laft  reign  it  often  exceeded  a  million)  mufl 
throw  z  prodigious  power  into  the  hands  of  thofe  who 
have  the  difpofal  of  it. 

A  million  per  annum  would  maintain  200  dukes,  at 
5000/.  a  year  each,  or  250  earls  at  4000  a  year  each, 
or  1000  gentlemen  at  1000/.  a  year  each.  It  would 
fupport  arts,  manufaftures,  and  commerce  to  the  in- 
conceivable advantage  of  the  public,  &c. 

But  the  civil  lijl  revenue  is  not  reckoned  above  one 
third  part  of  what  a  minifter  has  in  his  difpolal.  It 
is  not  therefore  to  be  wondered,  that  a  minifter  has 
great  influence  in  parliament.  If  one  confiders  into 
how  many  purfes,  of  100  guineas  each,  the  prodigi- 
ous iuni  of  three  millions  may  be  divided,  at  firlt 
glance  one  .  would  conclude,  that  a  minifter  could 
give  fuch  a  purfe  to  every  man  upon  the  ifland. 

The  royal  prerogative  has  been  greatly  curtailed 
fince  3  Car.    I.  the  date  of  the  petition  of  right. 

Star- 


Chap.  I.         DISQUISITIONS.  27I 

Star-chamber,  and  high.commiffion  court  aboliflied, 
with  martial  law,  and  the  prince's  power  of  levying 
taxes  without  parliament  >  difufe  of  the  foreft  laws ; 
abolition  of  military  tenures,  purveyance,  and  pre- 
emption ;  the  eftabiiflimcnt  of  the  habeas  corpus  2^Qi\ 
the  ad  for  frequent  parliaments  5  the  affertion  of  the 
liberties  of  the  people  by  the  bill  of  rights,  and  aft 
of  fettlement  i  the  exclufion  of  certain  dependents  on 
the  crown  from  feats  in  parliament;  the  independency 
of  the  judges;  the  reftraining  of  the  king's  pardon 
from  being  pleaded  to  parliamentary  impeachments; 
the  dependency  of  the  crown  on  parliament,^  by  its 
being  ftripped  of  its  antient  properties,  &;c. — thefe, 
and  other  entrenchments  on  the  regal  power  and  pre- 
rogative would  feem  fufficient  to  clip  the  wings  of 
kings  and  minifters,  and  to  fecure  the  ftate  againft 
the  innumerable  evils  of  corruption.  But  what  avail 
thefe  feeming  enlargements  of  our  liberties,  if  we  con- 
fider  (as  even  judge  Bkckjione^  himfeif,  no  unreafon- 
able  complainer,  obferves)  that  though  the  appearance 
of  court*  power  is  taken  away,  the  reality  remains, 
and  is  perhaps  greater  than  under  Jam.  1.  only  it 
(hews  itfelf  now  ia  the  milder  and  lefs  ftartling  (hape 
of  influence,  inftead  of  that  odious  and  formidable 
one,  of  prerogative; — an  influence,  however,  to  con- 
fiderate  minds  not  the  lejs  dreaded  on  account  of  its 
apparent  gentlenels.  Let  it  be  confidereci,  that  our 
monarch's  revenues  being  iettled  for  life,  a  rapacious 
and  corrupt  court  (for  what  do  men  generally  pro- 
pofe  by  going  into  court,  but  .filling  their  pockets  ? 
has  the  difpofing  of  the  greateft  part  of  a  million  a 
year,  civil  liji  revenue.  Let  it  be  confidered,  what 
a  multitude  of  officers  created  by,  and  removeable  at 

the 

a  Com.  i.  334, 


i;^  POLITICAL  BbokV; 

tbepleafure  of  the  court,  are  employed  in  raifing  lo 
millions  a  year  in  taxes,  cuftoms,  excifes  j  commif- 
fioners,  and  innumerable  officers  in  every  port  of 
the  kingdom,  nay  at  every  creek  into  which  a  fmug- 
gling  boat  can  be  thruft;  commiflioners  of  excife,  and 
their  numerous  fubalterns,  in  every  inhnd  diftridt  j 
poftmafters,  and  their  fcr van ts  in  every  town,  and 
upon  every  public  road  3  commiflioners  of  ftamps,  and 
diftributors  5  officers  of  the  falt-duty;  furvcyors  of 
houfes  and  windows;  receivers  ot  land-tax 3  mana- 
gers of  lotteries  -,  commrffioners  of  hackney-cc^aches ; 
befides  frequent  /^m<^W^/opportunities  of  conferring 
favours,  as  by  preference  in /c?^»j,  fubfcriptions,  tickets^ 
remittance  ot  public  money,  &c.  which  attaches  thofc 
moft,  whofe  attachment  is  the  moft  defi)  cable  to  the 
court,  I  mean,  the  opulent,  and  leading  part  of  the 
people  5  to  which  add  the  prodigious  influence  the 
court  gains  by  having  the  power  oi  officering  ^n  army 
of  above  forty  thoufand  men ;  to  fay  nothing  of  the 
formidable yir/Tf  ot  fuch  a  body  of  difciplined  men 
againfl:  a  flock  of  ffieep,  I  mean  the  helplefs  people. 
This  dreadful  army,  the  court- fycophants  pretend  is 
kept  up  only  from  year  to  year:  but  it  is  univerfally 
looked  upon  as  on  a  footing  equally  certain  with  the 
army  in  France.  Accordingly  gentlemen  bring  up 
their  fons  as  regularly  to  the  army,  as  to  the  church. 
Thefe  forty  thoufand  men  are  paid  by  the  courts  raifed 
by  the  court,  officered. by  the  court,  commanded  by 
the  court.  Add  to  all  this,  that  the  court  muft  have 
innum.erable  ways  cf  misapplying  the  public  money 
to  the  purpofes  of  gaining  undue  influence,  which 
even  the  vao^ faithful  and  upright  parliament  could  not 
detedL  And  what  then  mult  be  the  cafe,  if  we.fup-* 
pofe  parliament  itfelf  (  the  only  conftitutional  check  on 
a  corrupt  court)  2ijharer  in  the  plunder  of  the  people, 

^nd 


Clkp.  L       DISQUISITIONS.  273 

nnd  therefore  interefled  to  conceal,  or  connive  at  the 
ravages  made  by  a  profligate  court. 

*  As  we  have  anjiiudlly  increafed  our  funds  and  our 
taxeSf  we  have  annually  increalcd  t'  e  power  of  the 
CrowHy    and  thefe   funds  and  taxes   being  eftabhihed 
and    laid  for  perpetuity^    or   for  terms  equivak  nt   to 
perpetuity  in  the  fenfe  here  intended,  this  ^ncreale  of 
power   muft  not  only  continue ^    but  fiiil   increafe,  as 
long  as  this  lyftem  of  oeconomy  fiibfifts.     How  this 
increaie  of  power  arifes  from   the  increife  of  funds 
and  taxes,  and  the  influence  of  the  crown  groves  in 
proportion  to   the  burthen   on  the  people,  heavier ; 
hath   been  explained  fo  much  in   the    debates   on   a 
late  deteftable    occafion'    \}Valpole%    excifc    fcheme] 
that  the  lefs  needs  to  be  (aid  on  the  lubjedt  here. 
If  we  eonfider    in  the   increafe   of  taxes,    firft,    the 
increafe  of  officers^  by  which  a  vaft  number  of  new 
dependcints  on  the  crown   are  ereded  in  every  part 
of  the  ki.^gdom,  (dependants  as  numerous,  and  cer- 
tainly  more    prevalent,     than    all    the    tenants    and 
wards  of  the  crown  were  antiently)  and,  fecondly, 
the  power  given   to  the    treafury  and   other  i?iferior 
oflicers,    on   account  of  thefe    taxes,    which    are   ac 
lead;  as  great  and  as  grievous  in  this  free  government 
of  ours,  as  any  that  arc  exerciled   in  the   moft  arbi-^ 
trary  government  on  the  fame  occaiions  ^   if  we  coa- 
fider    this    alone,    we  (hall  find  reafon    fuflicient   to 
conclude  that,  alchough  the  power  of  prerogative  was 
more  open  and  more   noijy  in   its  operations,  yet  the 
poiver  thus  acquired  is    more   real   and    may  prove 
more  dangerous^  tor   this  very  reafon,    becaufe  it  is 
more  covered  and  moxcjtlent.      1  hat  men    began  -to 
fee,  very  (oon  after  the  revolution,    the  dan:^er  arif- 
ing  from  hence  to  our  conftitution,    as  I  faid  above, 
is  moll:  certain.     No  lefs  than  /even  adts  were  made 
ToL.  I.        '  N  n  in 


274  POLITICAL     '  Book  V. 

in  king  Williams  reign  to  prevent  undue  influence 
en  eledions  5  and  one  cf  the  adis,  as  1  remember, 
for  I  have  it  not  before  me,  is  grounded  on  this  tad:, 
that  the  officers  of  the  excife  had  frequently,  by 
threats  and  pro?mfeSy  prevailed  on  eledors,  and  abfo- 
Juiely  debarred  them  of  iht  freedom  of  voting.  What 
hath  been  done,  or  attempted,  fincc  that  time,  ia 
the  fame  views,  and  what  hath  been  done,  or  at- 
tempted, both  in  the  reign  of  king  WilL  and  fince, 
to  prevent  an  undue  influence  on  the  elected,  as 
well  as  on  the  ekdlors,  I  need  not  recapitulate. 
They  are  matters  of  frefh  date,  and  enough  known. 
Upon  the  whole,  this  change  in  the  ftate  and  pro- 
perty of  the  public  revenue  hath  made  a  change  in 
our  conftitution  not  yet,  perhaps,  attended  to  fuf- 
ficiently ;  but  fuch  an  one,  however^  as  deferves 
our  utmoft  attention,  fince  it  gives  a  power  un- 
known in  for?ner  times  to  one  of  the  three  ertates, 
and  fince  public  hberty  is  not  guarded  againll:  the 
dangers  that  m^y  ariie  from  this  power,  as  it  was,, 
and  now  is  more  than  ever,  againft  the  dangers 
which  arife  from  the  powers  formerly  poflTefled  or 
claimed  by  the  crown  ^/ 

*  That  the  bufinefs  of  mod  kingdoms  has  been 
ill  mansged,  proceeds  from  this  ;  it  imports  the 
lower  rank  of  men  only,  and  ih^  people  (  whole  cries 
feldom  reach  the  prince,  till  it  is  too  late,  and  till 
all  is  pad:  rem.edy  )  that  matters  fliould  he  frugally 
ordered,  becaufe  taxes  muft  arife  from  t/jeir  iweat 
and  labour.  But  the  great  ones,  who  heretofore 
have  had  the  prince's  ear  and  favour,  or  who  hoped 
to  have  him  in  their  poffefllon,  were  fwayed  by 
another  fort  of  intereit  5  they  like  profufion,  as  hav- 
ing 


a  Dissert.  ON  Parties,  223, 


Chap.  I.         DISQUISITIONS.  275 

ing  had  a  profpedl  to  be  gainers  by  it,  they  can  ea(i- 
ly  fet  their  account   even  with   the  ftate  ^    z  fmall^ 
charge   upon  their  land   is  moi  e  than  balanced  by  a 
greai  place ^  or  a  large  pen/io?i  ^/ 

See  the  lord  keeper  Nortlos  account  of  abufes  in 
the  condudland  difpofal  oF  the  public  money  in  the 
time  of  king  Ch.  II  b.  Thofe  who,  in  cur  times, 
are  the  condu(5lors  of  the  fame  kind  of  dirty  work, 
may  compare  the  modern  ingenious  ways  and  means 
with  thofe  of  their  worthy  predeceffors. 

Among  others,  pretended  want  of  money  in  the 
treafury,  in  order  to  have  a  pretence  for  giving  an 
exorbitant  price  for  necefiaries.  Lending  the  crown 
at  8  per  Cent,  money  which  was  railed  at  5  ajid  6. 
Paying  with  the  public  money,  pretending  it  to  be 
private,  and  taking  intereil.  IJepreciating  the  pub- 
lic debts  and  funds,  baying  them  of  the  holders  at 
half  their  worth,  and  afterwards  by  intereft  getting 
them  paid  in  full.  Pretending  to  give  up  all  power 
in  recommending  to  places  iov  a  confideration,  and 
then  infifting  on  recommending  ftill,  and  fo  getting 
bcfth  ways.  Rolling  over  loifes  upon  the  crown,  or 
public,  while  the  gain  was  to  fink  into  private  poc- 
kets. A  father  flopping  a  large  fam  in  his  own  hand, 
which  was  to  have  been  paid  the  public  creditors. 
Before  he  can  be  brought  to  account,  he  dies.  Ths 
money  finks  into  the  pocket  of  his  heir.  He  obtains  a 
pardon  of  all  his  father's  debts.  Grofs  frauds  in  office 
found  out.  Then  new  offices  and  falaries  {u  up  as 
checks.  The  new  prove  as  great  knaves  as  the  old, 
and  form  a  fcheme  ofcollufion  and  mutual  under- 
ftanding.  But  the  public  pays  for  all,  and  the  power 
of  the  court  is  ilrengthened.     An  old  placeman  begs 

leave 


a  Da'-ven,  il.  262.  b  Dalrjmj^,  Mem.   il.  84. 


276  POLITICAL  BookV. 

l?ave  to   fell.     Potkets  the  money,   and  by  and  by, 
through  interefl:,  gets  a  new   place  gratis.      Fxtrava- 
gant  men  Iquander  their  own  money  in  their  public 
employments   of  embafiadors,    governors,     &c.  and 
charge   the   public  with  more  than  they  have  really 
Ipent,   while    what  they  really  fpent  was    ic  times 
more  than   neceflary.       The  bufinefs   of  old  offices 
transferred   to  new  :    but  the  profits   of  the  old  flill 
kept  up,  though  become  finecure^.     An  old  fervant 
of  the  public  retires  upon  a  penfion.     He  who  fuc- 
ceeds   him,    by  intereft,     gets   it   continued  to  him. 
Another  gets  an  addition  to  his  falary,   and  then  tells 
his  place  for  a -great  deal  more  thin  it  coft  him,  and 
fo  an  additional  load  is  laid  on  the  public:    for   the 
addition  mud  be  continued,    becaufe   the  place  was 
bought.     An   annual   fum  is   granted  by  the  public 
for  a  public  ufc,  as  keeping  up  a  harbour,  or  the  like. 
A  private  man,  by  intereft,  gets  a  grant  oi  the  jobb  ; 
the  public  concern  is  neglected,    and  the  public  poc- 
ket picked.     Crown    lands  perpetually   begged    and 
given  away   to   firengthen   the  court  intereft.     The 
crown  ccnftantly  kept  in  debt,    and  parliament  foli- 
ci.ted    to    pay  thcfe   debts  occafioned  merely  by  the 
voracity  of  the  court.     Commanders  of  fleets  oider  a 
fuperfluous  quantity  of  ftores.      By  coliufion  between 
them  and  the  ft<  re-mafters,^  this  fuperfluous  quantity 
is  iold  again  to  the  king,  and  the  money  funk  in  their 
pockets.     Sometimes  the  ftore-mafters   gave  receipts 
fore  more  than  was  received  into  the  king^s  ftores,  and 
the  money  was  divided  among  the  plunderers.     The 
king's  woiks  done  by  the  day,  whereas  it  would  have 
been  cheaper  by  the  great.     Money  pretended  to   be 
coined  gratis.     Lifts  of  large  fums  newly  coined  pro- 
duced.    But  the  contrivance  was  to  make  the  pieces 
unequal,  and  then  the  too  heavy  pieces  were  carried 

back 


Chap.I.  DISQ^UISITIONS.  277 

back  to    the  mint,  and  the  profit  funk    in    private 
pockets,  6cc. 

Secret  Jervice  is  a  huge  cloke  thrown  over  an  im- 
menfe  fcene  of  corruption ;  and  under  this  cloke  we 
muft  not  peep.  Our  court-men  tell  us,  there  mull 
be  large  fums  expendrrd^  in  this  way,  and  thofe,  fums 
cannot  be  accounted  for  ;  becaufe  the  Jervices  done 
for  ihem  muft  never  be  know?!.  But  we  find,  that  the 
commons,  A.  D  170b,  addreffcd  queen  A?2ne  for 
accounts  of  penfions  paid  for  fecret  Jervice  to  mem- 
bers of  parh'ament,  or  to  any  perions  in  trull  for 
them ;  and  that  '  the  queen  ordered  faid  account  to 
5  be  laid  before  the  houje  ^! 

ConiraBs  are  a  great  fund  of  minifterial  influence. 
It  is  well  known,  that  our  miniftry  do  not  accept  the 
moft  reafonable  oSitv ',  but  the  cffer  which  is  made 
by  thofe,  who  have  the  ^xt2,ttQi parliamentary  mrereft  ; 
and  that  in  war  time,  every  man,  ^Nho JurnijhcS  tor  the 
government^  is  enriched-,  in  France  the  contrary  \  which 
ihews,  that  we  manage  our  public  nioney  oiuch  worfe 
than  the  French  miniilry  dothcirs.  In  the  late  war  ic 
ig  notorious,  that  feveral  oiowv purveyors  arid  commijja- 
ries  got  eftatcs  lufficient  to  let  ihcm  up  for  earls  and 
dukes.  But  as  Burnet^  fays,  '  the  regard,  that  is 
ihewn  to  members  of  parliampnt  aniL-ng  us,  cauies 
that  few  abufes  can  be  inquired  into,    or  di [covered. 

As  to  lotteries  if  *  a  adnifter  has  i.  in  his  power 
*  to  give  the  fubfcription  of  4  or  500  lottery  tickets 
every  year  to  iingle  members,  he  has  a.-i  annual 
means  of  bribing  the  hcufe  without  danger  of  detec* 
tion  c/     It  was  alledged  in  the  houfe   of  commons 

by 


a  Deb.  Com.  iv.  i  f9 

b  Hist,  own  Times,  i  i  i.  279, 

C  Deb.  Com.   ix.  282. 


278  POLITICAL  Book  V. 

by  Mr.  Seymour,  that  in  the  lottery  of  1769,  20,000 
tickets  had  been  diipofed  of  to  members  oi parliament, 
which  fold  for  near  2/  premium  each  a.  This  was 
a  fcramble  cf  40,000/  aOiOng  the  members  at  one 
dafh.  We  need  not  wonder,  that  lotteries  are  a 
favourite  fpccies  of  ways  and  means.  Mr,  Seymour, 
A.  D,  177 1 J  moved,  that  the  names  of  ihe  iublcri- 
bers  to  the  then  prefent  lottery  fliould  be  laid  before 
the  houfe. 

In  a  committee  on  the  lottery  bill,  Mr  Cornwal 
moved  for  leave  to  bring  in  a  bill  to  prevent  any 
members  having  more  than  20  tickets,  in  his  own 
name ;  and  that  thofe,  who  had  fublcribed  for  more, 
ihould  refund  into  the  exchequer  the  fums  fo  gained 
by  them  b.  He  obferved,  that  200  annual  tickets 
put  4C0/.  a  year  into  the  pocket  of  a  member,  which 
is  better  than  800/.  a  year  by  z  place  ,  becaufe  it  did 
not  expofe  him  to  the  expence  of  being  re~ele5iedy 
nor  to  expence,  or  duty,  attending  the  place  [for 
Jome  places  are  not  finecures]. 


CHAP.     II. 

Of  Corruption  in  EkBions. 

OU  R  courtly  gentlemen  labour  to  perfuade  us, 
that  parliamentary  corruption  has  never  been 
that  formidable  evil  our  patriots  have  repre- 
fented  it.  Fads  are  {lubborn.  They  will  fpeak^ 
and  they  will  not  always  fpeak  as  our  fleek  courtiers 
W'ould  wifh  them.  If  they  will  fpeak,  let  then^  fpeak. 
Magna  Veritas,  et  prcevalebtt. 

Mini- 

HJ II  '         »^ 

a  Dt£.  Com.  u>  2^2*  b  Ibid.  29^. 


Chap.  II.        DISQUISITIONS.  279 

Minifterial  artifice,  for  corrupting  parliaments,  has 
been  applied  in  too  ways,  i  To  over-ruling  eleBlom^ 
and  2,  To  by  offing  the  votes  of  members  in  the  hoiife. 

To  {hew  the  good  people  oi Britain  how  their  great 
and  weighty  concerns  are  managed,  1  will  give  a  brief 
acconnt  of  fome  remarkab'e  controverted  elections, 
and  fads  relating  to  that  fubje(fl,  which  have  occurred 
to  me  in  the  courfe  of  my  reading,  with  reflections. 

*  The  duty  of  a  member  of  parliament*  (fays  the 
brave  Lucas  of  Ireland)  '  is  infinitely  the  moji  impor^^ 
fa?2t  that  can  devolve  upon  a  fubjedla/  Mr.  Locked 
ranks  it  among  thofe  breaches  of  truft  in  the  exe- 
cutive m3giilrate,  which  amount  to  a  dijfolution  of 
government^  'if  he  employs  the  force,  treafure,  and 
offices  of  the  fociety  to  corrupt  the  reprejentativeSy 
or  openly  to  pre-engage  the  eledfors,  and  prefcribe 
what  manner  of  perfons  fhall  be  chofen.  To 
regulate  candidates  and  elev5lors,  and  new  model  the 
ways  of  eledion,  what  is  it,  but  to  cut  up  t\\Q  govern- 
ment by  the  roofsy  and  poifon  the  very  fountain  of 
public  fecurity. 

'  Some  call  the  attendance  in  parliament  a  burden, 
fays  Sir  Thomas  Littleton  c.  *  If  i^  be  a  burden,  it  is 
fucli  a  burden  as  fome  men  fpend  a  great  part  of  their 
eftates  for,  as  if  it  was  a  privilege' 

In  modern  times,  every  body  is  rufhing  into  the 
houfe  of  commons.  In  former  days,  it  was  a  pri- 
vilege to  be  exempted  from  the  burden  of  being 
eleded,  or  contributing  to  the  wages  of  members  d. 
Does   not   this    fad  alone    demonllrate,    that    thofe 

who 


a  LoND.  Mag.  1767,  p.  565. 

b  On  Gov,  p.  2.§  222. 

c  D  £ B .  Co\? .  I  u .  jS  I .  d  See  Ml/)'nge,  79, 


58o  POLITICAL  Book  V. 

who  ftrive  to  get  Into  the  houfe,  intend  the  fiHing 
of  their  pockets  merely  ?  It  was  as  much,  and 
more,  an  honour  to  be  in  parliament  in  former  times, 
than  in  oQrs ;  bu^  it  was  not  \o  lucrative .  Does  any 
man  buy  without  a  view  of  failing'?  And  how  are 
the  buyers  of  feats  in  parliament  to  re-imburfe  them- 
felves;  but  out  of  the  plunder  cf  a  wretched  and 
almoft  bankrupt  nation  ?  *  D — n  you  and  your  in- 
ftrudlions  too/  ((aid  a  worthy  member  in  anlwer  to 
his  conftituents  recommending  to  his  attention  the 
public  interefl)  '  1  have  bought  you,  and  1  will  Jell 
you  by  G — '. 

Candidates  for  feats  in  the  houfe  of  commons  pretend 
that  they  lay  out  their  thoufands  in  electioneering,  in 
order  to  obtain — not  a  place  or  a  penfi.>n — but  honour y 
and  an  opportunity  oi  feriing  their  country.  But  do 
they  ferioufly  exped:any  man  to  believe  this,  who  fees 
them  trampling  upon  honour  and  honefty,  bribing^ 
gambling,  roc  king  ?  Is  that  honour  worthy  of  the 
name,  which  is  got  by  the  moft  difhonourable  means  ? 
Is  it  ferving  our  country  to  debauch  our  country  ? 
When  thole  men  gee  into  the  affembly  of  legiflators, 
what  do  they  for  their  country  ?  What  ^r/H'^;;^^^  have 
been  redrejfed  by  the  innumerable  multitude  of  mem- 
bers of  parliament,  who  have,  fince  the  revolution, 
obtained  feats  in  t'he  houie  by  unwarrantable  means  ? 
What  greater  grievance  can  be  imagined  than  the  con- 
tinuance of  this  ruinous  pradice  ?  1  lay  nothing  of 
damnation^  as  a  conkquence  of  debauching  a  whole 
people,  and  promoting  the  intertft  of  the  enemy  of 
mankind  in  the  world  j  though  I  might  fay,  that  our 
bribing  candidates  ou<j:ht,  upon  twQvy  prudential  ^xin- 
ciple,  to  be  ablolutely  certain  that  no  fuch  cohfequence 
can  follow;  and  thai  either  there  is  no  future  fiate,  or 
that  men  are  not  accountable  for  their  adtions,  and 

that 


Chap.  ir.  DISQUISITIONS*  t2t 

that  their  moral  charadlers  are  (as  Epicurus  and 
Lucretius  teach)  entirely  indifferent  to  the  Supreme 
Governor  of  the  univerfe.    But  of  this  more  hereafter. 

James  I.  at  his  acceffion  propofed,  that  undue 
elections  and  returns  fhould  be  punifhed  by  fine.  For 
grofs  arid  wilful  negledt,  the  place  to  forfeit  its  liber- 
ties to  the  crown  j  and  every  perfon  fitting  contrary  to 
law,  to  be  fined  and  imprifoneda.  He  direds  t'  e 
eledors  what  fort  of  members  to  chufe,  and  threatens 
them  withlofs  of  their  privileges  in  cafe  of  difobtdi- 
ence.  Never  done  before  \  He  advifes  the  ekdtors 
of  the  counties  for  the  new  parliament,  A.  JD.  1620, 
to  chufc  only  fuch  gendemen  as  are  guides  and  lights 
of  their  own  countries;  men|Pwho  led  honeji  and 
exemplary  lives  j  no  bankrupts^  or  difcontented  per- 
lons,  who  want  to  fi(h  in  troubled  waters.  The 
bad  efFedl  of  chufing  unfit  perfons,  he  fays,  is  vifible, 
as  bankrupt  and  needy  men  will  defire  long  parliaments 
for  their  own  protedion  c. 

In  the  diredions  to  the  eledors  of  the  times  of 
Charles  I.  there  are  fome  very  good  advices,  and  ufetul 
for  all  times,  as  to  chufe  *  men  of  parts,  courage, 
and  exprefTion,  profefTors  of  religion,  exad  in  all 
duties,  holy  towards  God,  and  juft  towards  all  men, 
free  from  covetoufnefs,  oppreifion,  and  partiality  ; 
not  dependent :  for  fuch  cannot  be  theirs  farther  than 
another  will  permit.  To  chufe  fuch  as  have  eftates 
in  their  counties,  not  fuch  as  are  to  get  eftates  by 
their  country's  ruin  \  fuch  as  have  been  oppofers  of 
illegal  taxes,  not  thofe  who  have  recived  the  public 

Vol.  I.  O  o  money, 


a  Parl,  Hist.  v.  8.  b  Act.  Reg.  iv.  2i0p 

c  Parl.  l^l^iST.  V.  310. 


2S2  POLITICAL  BookV. 

money,  and  given  no  account  j  to  judge  of  candi- 
dates by  their  lives  and  pradices,  &c.  a' 

However  the  Walpole  family  has  aded,  Mr.  Horace 
Walpole  writes  well  on  this  fubjed,  as  follows :  '  I 
hear,  that  diffatisfadion  and  diffentions  have  arifcn 
among  you,  and  that  a  warm  conteft  is  cxpeded,  and 
I  dread  to  fee  in  the  incorrupted  town  of  Lynne  what 
has  fpread  too  fatally  in  other  places,  and  what  I 
fear  will  end  in  the  ruin  of  this  conftitution  and 
country/  &c.  And  afterwards,  '  My  votes  have 
neither  been  didattd  by  favour  nor  influence,  but  by 
the  principles  on  which  the  revolution  was  founded 
-^the  principles  to  which  the  town  of  Lynne  has  ever 
adhered,  and  by  wl|i||fc  my  father  commenced  and 
clofed  his  venerable  life  ^/ 

The  Irijh  parliament  has  lately,  A.  D.  1768,  made 
fome  good  reiblutions,  lu^h  as,  That  ihe  eledion-oath 
ought  to  be  adminiftfed  to  the  candidate^  not  the 
cledor  j  and  that  there  ought  to  be  no  guzzling  at 
eledions. 

Judge  Blackjione  very  juftly  regrets  the  ignorance  of 
the  common  law,  which  appears  in  many  members  of 
parliament.  Men  are  prepared  for  all  other  employ- 
ments by  being  previoufly  qualified  ;  but  a  country 
fox-  hunter  thrufts  himfelf  into  the  houfe  of  commons 
in  puris  naturaiibm.  He  knows,  that,  generally  fpeak- 
ing,  there  will  be  nothing  required  of  him,  but  to  take 
care,  that  he  do  not  (like  5ir  Francis  Wronghead  in 
the  play)  cry  No,  when  he  (hould  have  cried  Aye. 

'  Let  it  ever  be  remembred,  and  ferioufly  con- 
fidered,  that  every  county,  or  borough,  when  they 

chuie 


a  Parl.  Hist,  xiv,  307. 

b  Lett,    from  Mr.  Horace  Walpole,  Son  tO  Sir  Kohtrt  Walpole^ 

LoND.  Mag.  1767,  p.  282. 


Chap.  II.  ^      D  I  S  Q^UI  S  I  TI  O  N  S*  2»1 

chufe  their  members,  put  into  their  hands  no  lefs 
than  the  keys  of  all  their  treafure;  and  not  2l\\  their 
treafure  only,  but  the  property  of  every  man  in  the 
Brittjh  empire  5  out  of  which  they  can  take  what 
they  will,  and  when  they  will,  and  as  fuch  are  a 
very  defirable  partnerfhip  for  a  king  \* 

A  humourous  writer  in  one  of  the  news-papers  pro- 
pofed,  at  the  commencement  of  the  laft  general  cle6tion, 
that  as  it  is  vain  to  think  of  excluding  bribery,  it 
might  be  a  confiderable  improvement,  if  we  were  to 
lay  afide,  at  every  general  cledtion,  all  canvaffing, 
eating,  drinking,  kiffing  voters  wives  and  daughters, 
quarrelling  and  idlenefs,  and  that  the  people  (hould  go 
on  with  their  bufmefs  as  ufual,  till  the  very  day  came. 
That  an  a^  fliould  be  made  aboliihing  all  the  laws  in 
being  againft  corruption  at  elections,  and  that  from 
and  after  fuch  a  day,  it  lliould  be  lawful  for  the  con- 
tefling  candidates  to  go  to  the  place  of  eledion  with 
furjes  of  guineas  in  their  hands  and  hirly  purchafe 
the  voters,  openly  bidding  againft  each  other  as  at  an 
audioni 

Wc  have  an  eledion-oath,  by  which  every  eledor 
if  called  upon,  is  obliged  to  fwear,  that  he  has  r,e- 
ceived  nothing  for  his  vote.  But  the  intention  of  it 
(though  it  were  likely  to  be  atherwife  ufeful)  is  mod 
commonly  defeated  by  the  candidates  agreeing  to  wave 
the  ceremony.  Who  can  give  a  reafon  why  every 
member  is  not  at  his  firft  entrance  into  the  houfe  obli- 
ged, at  the  hazard  of  the  puniihment  of  perjury,  to 
Iwear,  that  he  has  taken  no  illegal  iicps  to  gain  his  e- 
ledtion,  and  at  the  end  of  every  feliion,  that  he  has  not 
been  influenced  by  the  court  or  miniflry  in  any  one 
vote  he  has  given  ? 

^      In 

a  Hist*  Ess*  £ng.  Const. 


284  POLITICAL  BookV. 

In  the  year  1754,  Sir  J.  Barnard  moved  the  houfe 
of  commons  for  a  repeal  of  the  law,  which  obliges 
eledors  to  take  the  bribery-oath.  Experience  proves, 
he  faid,  the  inutility  of  the  oath,  for  preventing  bri- 
bery, and  flhews,  that  it  only  opens  a  door  {qt perjury^ 
The  motion  was  over- ruled  *• 

It  is  fuppofed,  that  many  prime  miniflers,  lords, 
and  others,  defirous  of  having  influence  in  the  houfe 
of  commons,  have,  to  evade  the  adt  9  jlnmy  furnifli'* 
cd  candidates  with  7nock  qualifications  to  be  returned 
after  their  eledion.  And  thofe  wretches  have  fo- 
lemnJy  fworn,  upon  the  {Irength  of  a  bit  of  paper  to 
be  given  up  next  day^  that  they  were  poffefTed  of 
eftates  of  600/.  a  year  for  life^  clear  of  all  incum- 
brance, while  they  were  many  hundreds,  perhaps 
thoufands  of  pounds,  worje  than  nothings  and  only 
hoped  to  repair  their  ruined  fortunes  by  projiituting 
their  votes  to  a  viliainoiis  minifter. 

If  a  borough  chpfe  hini^  not  undone,  Pofe. 

We  find,  the  myftery  of  iniquity  began  early  to 
work.  Edw,  111.  crowned,  A.  D.  1327,  endeavour- 
ed to  pack  the  parliament,  that  he  might  obtain  the 
larger  (uppHes.  He  puts  the  fherifFs  and  other  place- 
3n;en  upon  influencing  eledions.  The  knights  of  the 
(hires  infift,  that  this  abufe  be  redrefl^ed  b. 

SbeiifTs  were  tampered  with  to  make  falfe  returns 
of  members,  under  Ricb^  II.  ^.  The  commons  begun 
to  be  of  confequence.  And  the  king's  having  fiew 
places,  penfions,  contrads,  lotteries,  military  offices, 
^c.  to  beftow,  they  had  no  iyqfs  to  draw  them  afide 

from 


a  7/W.  IX.  484.  b  HumisHiST*  ii«  176. 

9  FarP.  Hist.  i.  426. 


Chap.  II.       DISQUISITIONS.  285 

from  their  country  %  intereft,  and  therefore  were  trou^ 
blefome  to  the  court* 

Rich,  II.  changed  all  the  fherifFs  in  the  kingdom 
to  have  a  parliament  to  his  mind,  and  the  mayors 
and  magiftrates  in  cities  and  boroughs ».  Such  is  the 
fatal  power  of  kings  1  It  is  erroneoufly  remarked  by 
hiftorians,  that  this  was  the  Jirji  inftance  of  the 
court's  tampering  with  ele<Sions,  and  proved  R/^-zS^r/s 
ruin.  It  could  not  have  been  done  by  A'lvtdi  bribery 
in  thofe. times,  when  there  were  lev/  placeSy.  &c. 
And  the  grants  of  forfeited  eftates,  crown  lands, 
purfes  of  money,  &c.  would  go  but  a  (hort  way. 
*  It  is  impoffible'  (fays  Rapin  ^)  *  that  a  free  fpirited 
nation  (hould  fee  their  liberties  in  the  hands  of  a.fet 
of  men,  whom  themfelves  have  not  freely  chcfen, 
without  defiring  to  be  freed  from  fuch  an  oppreflion.' 

The  court  propcfed  to  call  a  parliament,  A.  D. 
1387,  the  eledion  whereof  Ihoukl  be  io  managed, 
that  the  members  (hould  be  all  at  the  king's  [Rich. 
II.]  direction.'  But,  in  thofe  days  they  had  not 
the  means  of  electioneering.  .  Accordingly  little  or 
pothing  was  done  ^.  ^  « 

Rich.  II.  and  ail  our  tyrants  (I  wifli  I  could  fay 
only  tyrants)  fince,  have  broke  into  the  freedom  of 
eleSlion^  and  of  voting.  If  this  does  not  (hew  the 
importance  of  an  independent  parliament,  nothing 
will. 

A  flierifFwas  fined  and  imprifoned,  A.  D.  140 1, 
for  a  falfe  return  of  a  member  for  Rutland^. 

Hen.  VIlI.  was  freed  from  the  debt  of  a  loan,  with- 
out payment  made,  by  a  bill  in  parliament,  which 
bill  is  laid,  by  Hall^  to  have  been  obtained  by  corrupt 

means* 


a  Hume,    II.  261,  bi.468. 

QR^fin,  1,464.  d  Pari.,  Hi  ST.  11.82. 


286  POLITICAL  Book  V. 

means.  And  it  is  affirmed,  that  art  was  ufed  in 
making  eledtions  for  parliament,  in  order  to  obtain  a 
confirmation  of  Henrys  divorce. 

A  fpeaker  of  the  commons,  whofe  narne  is  not 
mentioned  S  takes  notice  of  a  certain  duke's  having 
endeavoured  to  influence  an  eledion,  before  the  time 
oi  Phil,  and  Mary,  and  of  acounfellor  at  law  in  their 
time,  who  had  made  an  attempt  of  the  lame  kind; 
bat  was  difappointed.  He  willies  'all  the  eleftors  of 
his  time  (A.  D.  1571.)  were  as  {launch. 

In  the  worft  times,  parliam<5ntary  corruption  has 
prevailed  the  moft.  *  All  forts  of  artifices,  frauds, 
and  violences  were  ufed  in  queen  Mary\  reign,  for 
making  parliaments/  All  the  magiftrates  in  cities 
and  counties  were  changed  from  proteftant  to  popifli. 
Falfe  returns  made,  and  allowed  by  a  popifh  parlia- 
ment ^,  Queen  Mary  exprefly  ordered  the  {heriflfs  to 
return  papifts^. 

57*^.  Longy  returned  member  for  Wejibury^  Wilts^ 
A.  D.  1 571*  was  fo  weak  a  man,  that  the  houfc, 
wondering,  how  he  came  to  be  eledled,  queftioned 
him  upon  it  \  and  found,  that  he  had  been  guilty  of 
the  foul  fad  ;  having  bribed  the  mayor  of  the  town, 
and  one  Watts\  with  no  lefs  a  fum  than  4/.  The 
fcoufe  ordered  Meff.  mayor  and  IVatti  to  be  fent  for 
in  cuftody,  and  to  return  the  wages  of  iniquity,  like 
honeft  men  ;  and  fined  the  corporation  20/.  but  we 
hear  no  more  of  the  matter  afterwards  ^. 

A.  D.  1604,  under  'Jam.  I.  there  was  a  famous  con- 
tefted  eledlion  between  Goodwin  and  Fortefciie^  for  the 
county  c(  Bucks,     Goodwin  was  declared,  in  the  houfe 

of 


a  Parl.  Hist.  iv.  134,  b  Ibid.  in.  285, 

c  Ibid.  3H.  4  Ibid.  iv.  154, 


Chap.  IL         DISQUISITIONS.  287 

of  commons,  duly  elected.  The  lords  defired  a  con- 
ference. The  commons  were  ftartled  at  this  inter- 
pofition.  The  lords  laid  it  upon  the  king.  The 
commons  begged  the  king  to  be  tender  of  their  pri- 
vileges. The  king  infifts  on  their  holding  a  confe* 
rence  with  the  judges,  if  they  would  not  with  the 
lords.  The  commons  remonftrate.  The  king  proves 
(in  character)  obftinate.  The  commons,  with  much 
reludance,  yield.  Goodwin  fliews  himfelf  v/illing  to 
drop  his  pretenfions.  His  eledion  was  held  void  by 
the  clerk  of  the  crown,  becaufe  he  was  an  outlaw. 
The  commons  decline  giving  the  lords  any  account 
of  their  proceedings,  but  propofed  to  fend  meffages 
to  the.  king ;  who,  in  fad,  had  no  more  to  do 
with  the  matter,  than  the  lords ''^.  The  com- 
mons faid,  the  proceedings  could  not  now  be  re- 
verfed.  They  produced  a  precedent,  27  EUz.  of  a 
bill  brought  down  from  the  lords,  and  rejedled  at  the 
firft  reading.  The  lords  afked  why  the  determination 
of  the  houfe  could  not  be  reverfcd.  The  commons 
did  not  hold  themfelves  obliged  to  anfwer  that  quef- 
tion  5  which  was  the  reafon  of  their  refufing  the  con- 
ference ;  though  they  declared  themfelves  ready  to 
confer  with  the  lords  on  any  proper  fubjedt  which 
might  arife,  where  their  privilege  was  not  concerned. 
The  lords  fent  again  to  the  houfe,  that  the  king  thouht 
himfelf  concerned,  that  there  flioutd  be  a  conference. 
The  reafon  of  the  king's  intercfting  himfelf  lo  par- 
ticularly in  this  eledion,waS)  his  thinking  his  diredtion 
(which  he  had  no  right  to  give  in  an  authoritative 
manner,  though  undoubtedl^y  it  was  found  advice)  not 
to  eledl  any  outlaw,  was  defpifed,  in  the  houie's  de- 
claring Goodwin  duly  cieded.  The  commons,  ftartled 

at 

a  Parl,  Hist.  v.  6o. 


288  POLITICAL  Book  V^ 

at  the  king's  infifting,  confult  what  is  to  be  done.  At 
laft  they  propofe  to  wait  on  the  king  next  day.  Ac- 
cprdingly  the  fpeaker,  and  many  members,  attend  the 
king.  The  fpeaker  informs  the  king,  that  Goodwins 
election  was  duly  carried  on,  and  confcquently  For^ 
tejcue%  void.  That  the  outlawries  againft  Goodwin 
were  only  for  debt  j  and  that  he  had  fat  unqueftioned 
in  feveral  parb'aments  lince  the  outlawry  had  paffed 
upon  him  3  and  that,  befides,  it  was  not  ftridtly  plead- 
able, becaufe  of  deficiencies  in  formality.  they 
mention  Smithy  i  Elix,  Vaughan^  22  Eliz,  three  others 
35  Eliz,  Killigree^  who  had  52  outlawries  againft  him, 
and  Harcourt^  who  had  185  who  were  all  admitted  to 
priveilge.  The  king  holds  all  thefe  precedents  for 
nothing.  The  houfe,  he  faid,  derived  its  privilege 
from  him,  Vvhich  therefore  ought  not  to  be  turned 
againft  him.  He  pretended,  that  the  court  of  chan- 
cery ought  to  judge  of  elections  and  returns.  Quoted 
a  precedent  of  35  Hen.  VI. when  all  the  judgesagreed, 
that  outlawry  is  a  caufe  of  expulfion  from  the  houfe. 
The  king  ftill  infift^  on  a  conference  between  the 
commons  and  judges,  and  that  the  houfe  report  the 
reiuit  to  the  privy-council.  The  commons  propofe  to 
make  a  law,  that  no  outlawed  perfon  hereafter  fit  in 
the  houfe,  and  to  confer  with  the  judges,  not  to  re- 
verfe  what  they  had  done,  but  that  they  might  profit 
by  the  judges  learning,  and  that  they  might  fatisfy  the 
king.  It  was  faid,  that  there  was  no  precedent  of  a 
member's  being  deprived  of  privilege  on  account  of 
outlawry.  Others  of  the  commons  were  ftrong  againft 
all  conierencc.  Thatparliament  had  contradidted  the 
opinions  of  the  judges  concerning  outlaws,  fince  the 
time  oi  Hen.  Vi.  They  fent  the  king  their  reafons 
againft  all  conference.  They  infifted,  that  till 
7  Hen,  IV.  the  writs  for  eledlion  were   returned  ta 

parlia;^ 


Chap.  II.         DISQ^UISITIONS.  289 

parliament,    not  to  chancery,    and  that  the  power  of 
hearing  and    determining    concerning   eledions   was 
always  fuppofed  to  be  exclufively  in  the  houfe.     Of 
which  they  brought  many  precedents,    and    alleged^ 
that  if  the  chancery  were  to  judge  concerning  elec- 
tions, they  would  foon  be  mafters  of  the  commons. 
They  made  apologies  abundantly  for  offending    the 
king.     *  Not  doubting,    fay  they,  though  we  were 
but  a  part  of  a  body,  as  to  the  making  of  new  law?, 
yet  for  any  matter  of  privileges  of  our  own   houfe, 
that  we  arc,  and  ever  have  bjen,  a  court  of  ourfelves, 
of  fufficient  power  to  difcern  and  determine  without 
their  lordlTiips,  as  their  lord(hips  have  always  ufcd 
to  do    for  theirs   without  us  a/     The  king  ftiil    ob- 
jeds  to  the  abfurdity  of  giving  legijlative  power  to 
an    qutlauo.      They    anfwer,     that,    notwithftanding 
precedents  for  outlaws  fitting  in  the  houfe,  they  were 
determined,  in  compliance  with  his  majefty's  fenfe,  to 
make  a  law  tor  preventing  it  for  the  future ;  but  that 
this  law  cannot  operate  againft  Goodwin^  being  ex pojl 
fa^o\  befides  tne  want  of  formality  in  his  outlawry, 
which  rendered  it  null  and  void,  and  its  being  only 
upon  mean  procefs,    and  two  general  pardons  iffuing 
lince  it  palled  upon  him,  which,    at  any  rate,  would 
have  cleared  him.     The  commons  meanly  requeft  the 
interceffion  of  the  lords  with  the  king,    as  having 
nearer  accefs  to  his  perfon ;  and  fend  a  committee  of 
their  houfe. to  them  with  their  apology  to  the  king* 
The  lords  alTc  the  commiitee^,  if  they  may  read  the 
paper  ?  The  committee  agrees.     The  lords  a(k,  if 
they  may  amplify,  explain,  or  debate,  concerning  any 
doubtful  point  ?    The  committee  anlwer,   1  hey  have 
no  warrant  from  the  houfe   for  that.     The  paper  is 
read.     The  f peaker  attends  the  king  at  8  in  the  morn- 
Vol.  I.  P  p  ing. 

a  Parl.  Hist,  v.  76, 


290  POLITICAL  Book  V^ 

ing.  Obliged  to  wait  till  lo.  He  reports' to  ^tbe^ 
houfe,  that  the  king  protefted,  he  had  the  greateft 
defire  to  fupport  their  privileges.  That  the  king 
defired  and  commanded^  as  an  abfolut e  'pxincQ,  that 
there  might  be  a  conference  between  the  commons 
and  judges,  in  prefence  of  his  council ;  not  as  umpires, 
but  to  report  to  him  the  iffuc  of  the  conference.  The 
houfe  is  amazed.  It  was  propofed  by  fome,  to  petition 
the  king  to  be  prefect  himfelf,  and  judge.  *  A  com- 
mittee is  appointed.  The  houfe  orders,  that  the  com- 
mittee fhali  only  infifi:  on  the  fupport,  and  explication 
of  the  rcafons  already  given,  and  not  proceed  to  any 
other  argument,  or  anfwer.  Sir  Francis  Bacon,  in  his 
report,  flatters  the  king's  wifdom  fliamefuUy.  It  was 
dbferved,  that  there  had  been  no  fuch  concefllon  made 
by  the  commons,  to  any  king  fince  the  conqueft.  It 
was  difputed.  Whether  the  houfe  of  commons  could 
properly  be  called  a  court  of  record.  The  king  pro- 
poies,  that  neither  Goodwin  nor  Fortefcue  fit  in  the 
houfe.  It  was  accordingly  refolved,'  that  both  be  fet 
afide,  and  a  new  writ  iffued  for  Bucks,  Goodwin 
voluntarily  gives  up  his  claim  by  letter  to  the  fpeaker. 
The  mean-fpirited  commons  fend  a  committee  to 
thank  the  king  for  his  decifion.  They  flatter  him 
indecently,  and  hefwallows  all  with  greedinefs.  Thus 
ended  this  famous  affair. 

*  The  commons,  A.'D,  164 1,  fays  Mrs.  Macaulay^, 
had  pafl!ed  a  vote,  that  they  had  fufficient  caufe  to 
accufe  the  duke  of  Richmond  ^.^  one  of  the  malignant 
party,  and  an  evil  counfellor  to  the  king  for  ihefe 
reafcns.  That  he  endeavoured  to  have  fuch  members 
chofen  as  he  fhould  name.  The  interpofal  of  peers 
in  the  eledion  of  commoners  had  been  by  feveral 
refolutlons  of  the  lower  houfe,  declared  a  breach  of 

privi- 

-^  _- 

a  Hist.  hi.  194. 


Chap.  ir.         DISQUISITIONS.  291 

privilege;  and  continues,  fays  Mr.  Hume^^  to  be 
condemned  by  the  votes  of  the  commons,  and  unlver- 
fally/r^^j/^i  throughout  the  nation. 

In  the  time"  of  Charles  1.  JFray^  Langfen  and 
2  Treiawnies  v/ere  committed .  by  the  commons  for 
.corrupt  proceedings  at  eledions  ^. 

There  wa^  great  corruption  in  the  court  for  pack- 
ing the  parliament,  A.  D.  1658.  80  letters  Vi^ere 
wniitn  itom  Whitehall,  One  Howard^  a  papift, 
brother  to  the  earl  oiArufidel,  boafted  that  he  had  knt 
24  members  to  parliament.  Tables  w^ere  kept  at 
Whitehall  at  the  public  charge  by  order  of  Richard 
Cromwell,  idiys  Whitkcke '^.  14,000/.  fpent  by  the 
court  at  the  eledion  for  North  amp  tonfiire  in  the  time 
oi Charles  W^. 

The  cafe  oi  Denzil  Onflow  e,  tried  at  the  affizes  at 
Kingfton,  Surry,  A.  D.  1681,  before  the  lord  chief 
judii: e  Pemherto?2f  v^as  remarkable.  He  had  brought 
his  adtion  in  the  court  of  common  pleas,  complaining 
that  another  was  returned  indead  of  himfelf  to  parlia- 
ment, 31  Car.  11.  after  the  returning  officer  had 
returned  -him  as  duly  eleded.  The  officer's  plea  for 
making  a  fecond  return,  was,  that  a  perfon  eleded 
muft  be  free,  refiant,'and  dwelling  within  the  borough. 
But  the  court  fet  that  good  ancient  ftatuteafide,  becaufe 
the  univerfal  corrupt  pradice  had  been  otherwife,  and 
becaufe,  if  none  but  r^^^/2/^;  [inhabitants]  could  be 
chofen,  the  houfe  would  be  filled  with  roen  below  the 
employment.  [This  by.  the  bye,  ihews  the  abfurdity  cf 
.the  beggarly  bcroughs  having  reprefentatives,  becaufe 
a  reprelentative  ought  certainly  to  be  refident,  and 
there  cannot  be  found  in  fuch  places  men  fit  to  fit  in 
parliament.]  Then  the  returning  officer  infifts  that 

"~  fome 

a  Vol.   I.  p.  312.  b -PiT/)'/ s  MiscEL.  Parl.  105. 

c  Parl.  Hist.  XXI.  2S9,  .  d  State  Tracts,  time  of  king 

IVilliam,    i.  340.  cDeb.Com.  in.  313. 


292  POLITICAL  BookV. 

fome  of  Mr.  Onflow's  votes  were  bad.  But  this  was 
not  allowed.  Others  had  received  their  burgage 
tenures,  on  the  ftrength  of  which  they  voted,  by  frau- 
dulent means,  and  only  for  the  fake  of  the  election. 
The  jury  gave  50/,  damages  a. 

There  was  hardly  a  worfc  charge  againft  James  II, 
than  his  influencing  cledions  ^.  Mr.  Locke  accufes 
him  of  a  defi^n  to  overturn  \hQ  conjl it ut ion,  becaufehe 
infiuenad  ekdlions.  On  this  principle,  how  many 
hundreds  t  four  ^^^rj  might  have  been  impeached  of 
treafon  againft  the  conftitution  3  as  it  is  well  known, 
that  they  not  only  influence,  but  abfolutely  over-rule 
the  eledions  in  the  greatefl  part  of  the  boroughs  5  and 
it  is  notorious,  that  a  very  great  m  jority  of  the  houfe 
of  commons  is  fent  in  by  the  boroughs.  What  can 
be  imagined  dangerous  to  liberty,  if  this  dreadful 
growing,  arifiocratical ^ov^tr  be  not? 

Abominable  were  the  proceedings  at  eledlions  A. 
D.  1685.  The  new  corporation  charters  had  taken 
the  eledtion  out  of  the  hands  of  the  inhabitants,  and 
put  it  in  ihofe  of  the  corporation  exclufively,  as  ^ifew 
are  more  obvious  to  bribery,  than  a  great  number. 
Thus  arbitrary  is  the  tooting  on  which  tledion  has 
been  put  by  kings c.  Accordingly  this  parliament  did 
almofl:  whatever  the  king  defiied.  They  gave  him  a 
revenue  of  2  millions,  lome  fay  2  and  a  half  annu- 
ally for  life  ;  by  which  he  was  enabled  to  kt  parlia- 
ments at  d'fi47ice  \  and  crufli  all  who  oppofed  himd. 

Shajtejbury,  one  of  Ch.  ITs  tools,  renewed  the  ex- 
ploded pradice  of  the  chancellor's  iffuing  out  writs 
to  fupply  the  vacancies   in  the  houfe  of  commons^. 

But 


a  Deb.  Com.  hi    317. 

b  See  St.  Tracts,  time  of K.  William^    1.221,  et paffim% 

Z  Rapirii    11.749.  d  Ibid.  742. 

e -W^/w^'sHisT;  Stvarts,  11.228. 


Chap.  II.        DISQUISITIONS.  29;; 

But  It  was  voted  that  the  writs  were  irregular,  and  thi: 
members  eleded  were  expelled^. 

The  borough  of  Stockbridge  was  convided,  A,  D 
1693,  of  corruption  at  an  election.   A  bill  was  brought 
in  to  disfranchife  the  borough  ^. 

*  We  have  been  fix  days  upon  the  Wefimwjier  poll, 
which  is  like  to  laft  as  many  more/  fays  fecretary 
Vernon,  in  his  letter  of  y^;^.  13,  1701,  to  the  earl  of 
Manchejier  c.  *  The  houfe  of  commons'  (fays  the 
fame  gentleman)  *  has  been  taken  up  thefe  three  days 
with  Sheppards  corrupting  feveral  boroughs  for  pro- 
curing eledions^.' 

There  was  much  grofs  corruption  pradlifed  in  the 
year  1701,  fays  Burnet^.  Some  of  the  contefled 
eledions  were  brought  before  the  houfe  of  commons. 
Some  of  the  perfons  eledted  were  imprifon^  and  af- 
terwards expelled.  *  In  thefe  proceedings  great  par- 
tiality appeared/  [a  majority  in  the  houle  being  tories] 
for  when,  in  fome  cafes,  corruption  was  clearly 
proved  againfl  thofe  of  the  tory  party,  and  but  doubt- 
fully againft  thofe  of  the  contrary  fide,  that  which 
was  voted  corruption  in  the  latter  [the  whigs]  was 
czW^d  giving  of  alms  in  thofe  of  the  former  fort. 
Thus,  for  fome  weeks,  the  houfe  feemed  to  have 
forgot  all  the  concerns  of  'Europe,  and  waf  wholly 
employed  in  the  weakening  of  one  fide,  and  in  for- 
tifying the  other/ 

The  borough  of  i?/W^;z  was  disfranchifed,  A.  D. 
1702,  for  bribery  at  an  eledtion,  but  no  individual 
punifhed,  becaufe  the  damning  bribe  was  given  by  a 
worthy  toryf 

Sir 


a  Deb.  Com.  I.  166.  b  Ibid.  1 1.  438. 

c  Cole\  Mem.  p.  283.  d  Ibid.  345. 

e  Hist.  OWN  Times,   111.358. 
iTind*  CoKTiN.  i.  574. 


294  POLITICAL  Book  V* 

Sir  Simon  Harcourt  complains  fadly  of  ill  ufage,  in 
his  election  iov  Abingdon y  A.  D^  1708,  refleding 
feverdy  on  the  houfe,  and  the  wicktd  arts  ufed  a- 
gainfE  him,  inlifting  to  the  laft,  that  he  was  the  legal 
member,  by  a  clear  majority,  by  the  mod  fair  efti- 
matiun  .^. 

Bewdley  controverted  elcdion.  The  commons  re- 
folve  to  petition  the  queen^  .^.  D.  1710,  for  the 
feveral  papers  relating  to  thecharterof  that  borough  ^. 
Sir  John  (Packington)  informs  the  commons  that  the 
queen  had  given  orders  for  repealing  Bewdley  charter, 
and  to  lay  before  them  an  account  of  the  profecu- 
tions  ordered  by,  or  carried  on  at  the  defire  of  the 
crov/n,  as  requeued  by  the  houfe  c. 

*  Bribery  and  corruption  in  eledions  of  all  kinds/ 
fays  a  lord  in  the  houle  of  peers,  A.  D.  1734>  are 
now  fo  univerfally  complained  of,  that  it  is  become 
highly  necefiary  for  this  houfe  to  come  to  feme 
vigorous  relolutions  again  ft  it,  in  order  to  convince 
the  world  that  it  has  not  as  yet  got  within  thefe  walls. 
It  has  already,  I  am  afraid,  got  too  firm  a  footing  in 
fome  other  parts  of  our  conftitution  ;  what  is  now 
propofed  will  not,  I  am  afraid,  be  a  fufficient  barrier, 
but  I  am  very  fure,  if  fomething  is  not  very  fpeedily 
done,  ill  fome  effedlual  meafures  are  not  foon  taken 
againft  that  deadly  foe  to  our  conftitution,  1  fay,  I 
am  fure  that  in  a  Giort  time  corruption  will  become 
fo  general  that  no  man  will  be  a/raid  to  corrupt,  no 
man  will  be  ajhamed  of  being  corrupted  ^Z 

In  the  year  171 1,  happened  the  famous  dirty  affair 
of  Walpole\  expulfion  for  alienating  50c/.  of  the  pub- 
lic 


a  Deb.  Com.  IV.  III.  b  Ibid.  172. 

«Ibid.  176.  d  Deb.  Lords,  \f,  223. 


Chap.  11.        DISQUISITIONS.  295 

lie  money  (of  which  more  fully  elfewhere. )  His  feat 
was  declared  vacant,  *  becaufe  expelled  the  houfe  for 
^  breach  of  truft,  and  notorious  corruption,-  when 
fecretary  at  war/  And  it  was  refolved,  that  *  he 
was  and  is  incapable  of  being  eledcd  a  member  to 
ferve  in  parliament.'  His  antagonift,  Taylor,  was 
not  allowed  to  be  duly  elede'd.  The  eledion  for 
iLy««  wa?  therefore  declared  void  a.  It  was  thought 
a  flretch  of  power,  becauie  Walpak  was  a  ftaunch  whig, 
and  the  taries  were  at  that  time  very  ftrong  in  the 
houfe.  But  they  fhewed  mpdefty  in  refufing  layigr^ 
eleded  by  a  minority.  We  have  feen  a  parliatnerrt 
proceed  in  a  diiFerent  manner  in  the  cafe  of  Wilke^ 
zndi  Lutterel 'y  of  which  elfewhere.       • 

At  the  eiedion  for  the  borough  of  Berealjion  in  the 
county  oi  Devon,  A.  D,  172 1,  Elliot^  a  commiffionet 
of  excife,;had  taken  upon  himfelf  to  be  the  returning 
officer,  contrary  to  law,  which  forbids  any  perfon 
belonging  to  the  excife  to  meddle  with  elections.  A 
motion  made  to  addrefs  the  •  king  to  turn  him  out, 
was  put  off.  ^ 

Sir  John  Cope,  A.  D.  17^2,  charged  Sir  Francis 
Page,  a  baron  of  the  exchequer,  with  corruptmg 
the  borough  of  Banbury,  in  Oxford/hire  «.'  Page  ap- 
pears clearly  to  have  been  guilty  5  but  it  was  carried 
by  a  majority  of  4,,  that  he  was  immaculate  d. 

'  There  were  feventy  one  contefted  eledions  the 
beginning  of  this  parliament,  A.  D.  1734^. 

The  houfe  of  commons  made  a  refolution  to  hear 
no  more  contefted  eledions,  A.  D.  1742.  The  num- 
ber was  fo  great,  that  the  examining  them  was  end- 
lefs^.     So  that  any  man  might  be  a  member  of  that 

par- 

'  stDe-b.  Com,  iv.  27^,-  b  Ibid.   vi.  245. 

c  Ibid.  275.  dibid.  278.  elbid,  ix.  x. 

f  Ibid.  XIII.  184, 


296  Political  Book  v. 

parliament  without  having   been   either  eleded.  Or 
returned. 

A.  jD.  1722,  feveral  lords  protefted  on  rejecting  the 
bill  for  fecuring  the  freedom  of  eledlion.  Becaufe 
the  methods  of  corruption  made  ufe  of  in  eledions 
were  grown  to  an  height  beyond  the  example  of  prc- 
ceeding  times  ;  as  it  was  a  blemifli  to  the  conftitu- 
tion,  it  deferved  a  parliamentary  cure  ;  and  becaufe 
the  commons  complained  of  this  evil  and  defired  their 
afliftance,  to  point  out  proper  remedies,  tecaufe 
a  new  eledion  was  coming,  and  thofe  chofen  might 
fitfeven  years;  and  the  ieptennial  adt  took  its  rife 
in  that  houfe.  Becaufe  it  was  admitted  in  the 
debate,  that  the  public  money  had  been  ufed,  to 
influence  eledions;  and  example  fet  by  men  in 
high  tffice  would  fpread  its  influence  through  all 
ranks;  and  that  if  gtntlcmen  were  to  get  into  par- 
liament by  bnbery^  it  muft  prove  fatal  to  the  liberties 
*  of  the  people.' 

Lord  Sunderland {2aA,  he  had  not  intimated  that  the 
frefent  public  money  had  been  ufed  to  influence  elec* 
tions.  What  he  meant  was  only  in  king  Charles  ^^ 
and  king  James's  time  *. 

It  was  ordered,  faid  proteft  fhould  be  expunged. 
Some  lords  proteftcd  again  ft  expunging  it;  and  gave 
the  following  reafons.  *  That  they  were  defirous  that 
their  reafonings  on  the  mifchicfs  of  bribery  and 
corruption,  might  appear  to  porterity.  That  the  prac* 
tice  of  expunging  reafons  was  not  ancient.  That 
expunging  many  reafons,  under  one  general  head, 
was  unfair,  and  not  countenanced  but  by  one  pre* 
cedent  on  their  books  b/ 

Mr 


a  Deb.  jLoRDs,  III.  227.  b  Ibid.  23 


Chap.  11.         DISQUISITIONS.  297 

Mr.  Hutchefofiy  in  his  fpeech  on  the  bill  for  fecur- 
ing  freedom  of  eledions,  A.  D.  1722  \  has  the  fol- 
lowing paflages. 

*  It  is  too  notorious,  what  attempts  are  now  car- 
rying on  to  invade  the  freedom  of  your  approaching 
cledions  ;  in  fome  places  by  threats^  to  fill  and 
over-awe  them  with  the  quartering  of  troops^  if  they 
do  not  comply;  in  others  by  the  corrupt  follicita- 
tions  of  agents  and  undertakers  empbyed  by  thofe, 
who  from  the  incredible  fums  which  are  difperled, 
one  muft  imagine,  have  more  than  private  purfes  at 
their  command.  But  what,  in  God's  name,  can 
all  this  tend  to  ?  What  other  conftrudtion  can  any 
man,  in  common  fenfe,  put  upon  all  thefe  things, 
but  that  there  feems  to  have  been  formed  a  defign, 
by  violence  and  oppreffion,  firft  to  humble  you,  and 
to  make  your  necks  pliable  to-  the  yoke  that  is  de- 
fijied  for  you,  and  then  to  finifh  the  work  by  tempt- 
ing the  poverty  and  necefTities  of  the  people  to  fell 
thetnfelves  into  the  moft  abjedl  and  deteftable  flivery, 
for  that  very  money,  which  had  been  either  unnecef- 
farily  raifed,  or  mercilefly  and  unjuftly  plundered  and 
torn  from  their  very  bowels  ?  And  thus  you  may  be 
in  a  fair  way  of  being  fubdued  by  your  own  weapons. 
Nor  can  1  imagine  what  inducement  men  can  have  who 
run  from  borough  to  borough,  and  purchale  their  elec- 
tions at  fuch  extravagant  rates,  unlefs  it  be  from  a 
ftrong  expedation  of  being  well  repaid  for  their 
voteSy  and  of  receiving  ample  recompence  and  rewards 
for  the  fecret  /ervices  they  have  covenanted  to  per- 
form here.  In  this  fituation  it  is  high  time  for  gen- 
tlemen to  put  themfelves  upon  their  guard,  and  if 
it  be  not  already  too  late,  to  endeavour  to  put  a 
flop  to  the  courfe  of  thofe  evils,  which  arc  otherwife 

Vol.  1.  CLq  liktly 

a  Deb.  Com.  vi,  272. 


298  POLITICAL  Book  V. 

likely  (o  foon  to  overtake  them.  It  is  for  thefe 
purpofes  that  this  bill  is  now  before  you,  and  I 
hope  it  either  is,  or  by  your  affiftance  will  be  made, 
fuch  as  may  fully  anfwer  the  ends  for  which   you 

were  pleafed  to  order  it  to  be  brought  in.' *  Wc 

know,  that  perfons  heretofore  have  not  only  bribed 
the  returning  officer,  but  have  even  indemnified  him 
againfl  the  whole  penalty  oi  500/.  rather  than  not 
get  the  return,  right  or  wrong,  in  favour  of  them- 
felves  j  depending,  I  fuppofe,  upon  the  flrength 
and  partiality  of  their  friends  to  maintain  them  at 
any  rate  in  the  unjuftifiable  pojjejfion  of  a  jeat  here  ; 
this  has  been  pradlifed  upon  former  occafions,  and 
therefore  there  are  always  jufl:  grounds  to  fufpedl 
it  will  be  attempted  again.  And  it  is  now  come 
to  fuch  a  pafs,  that  if  you  were  even  to  double  that 
penalty^  without  doing  fomething  elje^  1  am  afraid 
it  would  have  little  or  no  effed.  But  when  all  ^fe 
londs  of  indemnity  are  declared  null  and  ^void^  when 
the  fecurities  uluaily  given  and  taken  upon  thefe 
occafions  are  withdrawn,  they  may  then  perhaps 
be  deterredy  at  leaft  from  fo  barefaced  a  pradtice  of 
thefe  arbitrary  and  illegal  proceedings  for  the  future.' 
Mr.  Hutch^fon  afterwards  (hews,  that  the  quaiifica- 
tion-ad  was  vtry  deficient.  *  What  dependence,  fays  ■ 
he,  for  inftance,  can  you  have  upon  a  man  who  has 
no  more  than  three  hundred  pounds  a  year  in  land, 
or  perhaps,  only  an  annuity  of  that  value  for  life, 
and  has  at  the  fame  time  thirty  or  forty  thoufand 
pounds  in  the  funds,  or  an  employment  of  two  or 
three  thoufand  pounds  a  year,  civil  or  military,  from 
the  crown  ?  And  even  that  fmall  qualification  is  no 
otherwife  obligatory  upon  him,  than  merely  to  en- 
able him  to  fwear  to  his  having  it,  if  it  be  required  | 
at  the  time  of  his  eledion  \  for  though  he  fells  it, 
or  otherwife   divejis  liimfelf  of  it  immediately  after, 

yet 


Chap.  II.       DISQUISITIONS.  299 

yet  it  remains  a  doubt^  whether  by  fo  doing  he  (hall 
vacate  his  jeat  in  parliament.  This  is  certainly 
fuch  an  omiffion  as  requires  to  be  better  regulated 
and  explained.  There  is  lixkevvife  a  faving  in  that 
a6t  in  favour  of  eldsft  fons  cf  peers,  and  the  fame 
for  thofe  of  commoners  cf  fix  hundred  pounds  a  year; 
but  I  confefs  I  am  at  a  lofs  to  find  out  upon  what 
grounds  the  latter  was  inferted,  unlefs  care  had  been 
taken  at  the  fame  time  to  oblige  the  father  or  the  icn 
io  prove  iht  pojjejjim  of  fuch  an  eftate  j  for  at  pre- 
fent,  let  the  circumftances  of  the  family  be  what 
they  will,  if  the  eldeft  fon  can  procure  himfelf  lo 
be  eleBed,  I  cannot  fee  but  he  is  i?ititled  to  a  feat 
here,  without  any  farther  examination  whatever* 
This  is  another  defedt  fo  grofs  in  your  former  adt, 
and  opens  a  back  door  to  fo  many  perfons,  fo  entirely 
contrary  to  the  intent  and  meaning  of  it,  that  it 
very  well  jaflifies  the  repeal  of  it  by  this  bill,  I 
mean  fo  far  only  as  it  relates  to  the  eldeft  fons  of 
commoners  ^.' 

A  petition  of  the  right  hon.  Charles  Sackville,  com-' 
monly  called  earl  oiMiddlefex,  and  the  hon.  IVilliam 
Hall  Gage,  Efq;  was  prefented  to  the  houfe,  A.  D. 
1747,  and  read,  letting  forth,  *  That  at  the  laft  elec- 
tion of  barons  to  ferve  in  this  prefent  parliament  for 
the  town  and  port  of  Seafordy  in  the  county  of  Suf-^ 
fex,  the  petitioners,  together  with  the  right  hon. 
IVilliam  Pitt.  Efq;  and  William  Hay  Efq;  were 
candidates.  That  on  the  day  before  the  faid  eledlion, 
a  noble  peer  of  this  rCilm  did  invite  to,  and  enter- 
tain at  his  houfe  mod  of  the  voters  of  the  faid 
town  and  port ;  and  in  the  room  where  they  were 
afl^embled,  fpake  to  them  one  by  one,  and  did  iolhcit 

and 

a  Deb.  Com.  vi,  272,  fccj. 


30O  POLITICAL  Book  V. 

and  influence  them,  with  refped  to  giving  their  votes 
at  the  laid  ele^ion  ;  by  means  whereof  feveral  per- 
fons  who  had  promifed  to  vote,  and  would  have  voted 
for  the  petitioners,  were  prevailed  upon  by  the  faid 
noble  peer  to  vote  for  the  faid  Mr.  /V//,  and  Mr. 
Hoy.  Which  proceeding  the  petitioners  conceive  is 
an  high  infringement  of  the  liberties  and  privileges  of 
the  commons  of  Great-Britain.  That  on  the  day  of 
eledion,  in  order  to  awe  and  influence  the  voters  in 
favour  of  the  fitting  members,  and  deter  them  from 
voting  for  the  petitioners,  the  faid  noble  peer  came 
into  the  court,  accompanied  by  other  peers  of  the 
realm  5  and  h^xngfeated  near  to  the  returning  officer, 
did  continue  there  until  the  poll  wasclofed;  notwith- 
ftanding  the  prefcnce  of  him,  and  the  faid  other  peers 
was  cbje6ied  to  by  one  of  the  petitioners,  and  the  re- 
turning officer  applied  to  by  him  not  to  take  the  poll 
while  the  laid  peers  remained  prefent  in  the  court. 
In  all  which  the  faid  petitioner  thought  himfelf  fully 
juftified,  as  he  apprehended  their  prefefice  obftruded 
tht freedom  of  the  eledion,  and  from  the  feveral  de- 
clared relolutions  of  the  houfe  of  commons,  was  a 
'violation  of  the  rights  and  privileges  of  the  commons 
of  Great-Britain  ;  and  that  by  thefe  and  other  illegal 
pradices  the  petitioners  loji  a  great  number  of  votes, 
which  would  otherwife  have  been  given  for  the  pe- 
titioners :  And  therefore  praying  the  houfe  to  take 
the  premifes  into  confideration,  and  to  grant  the  pe- 
titioners fuch  relief  as  to  the  houfe  fhall  feem  meet. 
The  houfe  was  moved.  That  the  refolution  of  the 
16th  day  of  this  inftant,  Novembery  That  it  is  an 
high  infringement  of  the  liberties  and  privileges  of 
the  commons  of  Great-Britain^  for  any  lord  of  par- 
liament, or  any  lord  lieutenant  of  any  county  to  con^ 

cern 


Chap.  IT.         DISQUISITIONS.  301 

cern  themfelves  in  eledion  of  members  to  ferve  for 
the  commons  in  parliament,  might  be  read.  And 
the  fame  was  read  accordingly.  A  motion  was  made, 
and  the  queftion  being  put.  That  the  matter  of  the 
faid  petition  be  heard  at  the  b^r  of  this  houfe :  Upoa 
which  a  debate  arofe.  In  this  debate,  Mr.  Pitf^ 
one  of  the  fitting  members,  treated  the  petition  with 
great  contempt y  and  turned  it  into  a  mere^Vy?/ 

On  this  occafion,  Mr.  Potter  (ion    of  the  archbi- 
fhop)  fpoke  as  follows :  *  Mr.  Speaker,    1  rife  up  to 
do  myfelf  juftice:    For    as   I  look   upon  the  matter 
contained  in  this  petition  to  be  of  the  utmoft  impor- 
tance to  the  honour  of  the  houfe,  and  even  to   the  ex- 
ijience  o\ parliament ;  and  as  to  my  very  great  amaze- 
ment, I  fee  this  queftion   treated   with   the  greatcft 
contempt  and  ridicule  by  an   hon.   gentleman,  whofe 
weight  may  perhaps  perfuade  a  majority  to  be   of  his 
opinion,  I  think  1  owe  it  to  myielf  to  declare  my  fen- 
timents    on  this   great   occalion  by  fomething  more 
than  the  vote  which  lihall  give.     1  hope.  Sir,  things 
are  not  yet  come  to  fuch  a  pais,  as  to  make  it  necef- 
fary  for  any  man  to  go  about   to  prove  that  the  con- 
ftitution  is  deftroyed,  whenever  this    houfe  (hall  lofe 
^its  independency.     After  all  the  noble  llruggles  made 
in  the    houfe    by    great   patriots,    after  all  the    laws 
pafled  by  the  legiflature  to  preferve  that  independen- 
cy, I  (hould  hope,  that  out  of  decency,  as  well  as  out 
of  regard  to  truth,  I  may  be  allowed  to  argue  upon 
that  as  upon  an  indubitable  maxim.     The  represen- 
tatives of  the  people,  when  they  are  chofen   to   that 
office,  have  been  faid  to  be  independent,  even  on  their 
conllituents'y    how    neceffary  then,  Sir,  is  it  for  this 
houfe  to  take  care  that  there  be  no  other  improper,  or 

corrupt 


302  POLITICAL  BookV' 

corrupt  dependency  ?  But,  Sir,  if  the  vitnijlcrs  are  to 
be  allowed  to  nominate  to  the  burghs  the  perfons  who 
rtiall  be  their  reprefentatives,  how  are  we  to  expedt 
an  independent  parliament  ?  That  tnlnifters  may  endea- 
vour to  fubvertlhis  independency,  that  they  may  think 
it  even  neceflary  to  their  owny?f//r//y,  to  corrupt  par- 
h'amcnt,  we  have  too  much  reafcn  to  know.  But, 
Sir,  whatever  pains  former  minifters  may  have  taken 
for  this  purtoie,  what  undue  methods  foever  they 
may  have  ufed  to  gain  to  themfelves  a  corrupt  majority 
in  this  hcufe,  I  believe  hiftory  is  not  able  to  produce 
^.x\  in  dance  equal  to  the  prefent  of  a  wife  and  great 
Jlatefman  taking  upon  himfelf  the  honourable  employ- 
ment of  being  an  agent  at  a  burgh.  It  was  not  enough 
fignify  his  commands  by  his  underlings;  it  was  not  e- 
nough  to  folicit  votes  in  his  own  perfon.  The  voters,  it 
feems,  could  not  be  trufted  out  of  his  prefcnce,  and 
therefore,  they  were  to  be  attended  tvtn  to  the  poll. 
But,  Sir,  this  great  humility  and  condefcenfion  in  a 
minider,  would,  in  former  times,  have  been  conftrucd 
a  mod:  notorious  invalion  of  the  rights  of  the  people, 
and  of  the  privileges  of  this  houfe.  And,  Sir,  what 
will  the  people  fay  to  us  ?  Or  what  will  they  think  of 
our  independency,  if  we  are  not  as  jealous  of  their 
rights,  and  as  tenacious  of  our  own  privileges  as  any 
of  our  predeceffors  have  been  ?  What  will  they  think. 
Sir,  if  after  feeing  one  parliament  diiTolved  in  a  new 
unprecedented,  I  had  almoft  faid  an  unconftitutional 
m:^nner,  they  (hail  be  told,  that  the  minifters  have 
been  nominating  their  reprefentatives  in  the  next 
even  without  the  ceremony  of  a  conge  d'elire?  But, 
Sir,  dill  farther ;  What  will  they  think,  iftheyfliall 
be  told  that  this  proceedi?jg  of  the  minifter  has 
been  laid  before  the  houfe  of  commons,    and  that 

the 


Chap.  II.  DISQUISITIONS.  303 

the  houfe  of  commons  will  not,  or  dare  not  ceri" 
fure  him  ?  There  have  been  times  when  no  man 
was  \^\o^^'^K  too  great  to  be  accountable  to  this  houfe 
for  his  condudt  j  and  I  could  give  an  inftance 
even  in  my  own  memory  of  a  great  and  able  ftatef- 
man,  whofc  long  adminiftration  was  an  honour  and 
benefit  to  his  county,  and  whofe  condud:  this  houfe 
thought  fit  to  enquire  into  by  the  moft  fevere  fcru- 
tiny — When  I  firft  heard  the  petition  read  at  your 
table,  I  could  hardly  believe  it  poflible  that  the  alle- 
gations it  contained  were  founded  upon  truth,  I 
expeded  to  have  heard  the  friends  of  the  noble  perfon 
who  is  the  objedl  of  it,  boldly  denying  the  charge^  and 
calling  loudly  upon  the  accukrs  to  juflify  it;  I 
was  determined  not  to  believe  it,  unlefs  Supported  by 
the  ftrongeft  proof.  But,  Sir,  how  great  was  my 
amazement  when  I  heard  an  honourable  gentleman, 
\W.  Pitt,  Efq.]  *  who  was  privy  to  the  whole  tranf- 
adtion,  not  only  admitting  every  fadt  alledged  to  be 
trucy  but  openly  avowing  and  attempting  to  juftijy 
them?  ]n  what  light  they  may  appear  to  him,  Sir, 
he  can  beft  tell  you.  But  to  me  it  feems  moft 
manifeft,  that  as  the  condudt  complained  of  was  the 
greateft  injury  that  could  be  done  to  our  privileges^ 
the  attempt  iojujlify  it  is  the  greateft  infult  upon  our 
underjlanding.  In  what  other  light.  Sir,  can  it  ap- 
pear to  us,  than  as  the  laft  and  wtmoft  effort  of  one 
who  was  determined  at  any  rate  to  procure  a  majority 
in  this  houfe  of  perfons  attached  to  himjelfy  his  own 
creatures,  the  tools  of  his  power  ?  I  wifli  to  God, 
Sir,  nothing  may  happen  to-day  to  give  the  people 
room  to  fufpedl:  that  he  has  been  too  juccefsJuL  What 
more  could  he  have  done  ?  Or  what  greater  infult 
is  it  poffible  for  him  to  offer,  unlefs  he  fhould  come 

even 


304  POLITICAL  BookV. 

even  within  the  walls  of  this  houfe  to  diredl  our 
determinations  ?  After  what  he  has  done — I  (hould 
not  wonder,  Sir,  if  he  did  come  and  take  that  chair, 
and  tell  you,  as  we  were  told  formerly,  that  your 
mace  was  a  bauble,  and  that  you  fliould  keep  it  only 
while  you  pleale  him.  Your  mace.  Sir,  is  a  bauble^ 
and  fo  is  every  other  enjign  oi authority,  unlefs  you 
can  preferve  your  independency,  A  dependence  upon 
the  crown,  6ir,  would  in  the  end  prove  fatal  to  our 
liberties  ;  but  a  dependence  upon  the  mini/ier^  as  it 
is  infinitely  more  diJJdonourabley  is  infinitely  more 
dangerous.  One  might  fuppofe.  Sir,  {omefecurity  to 
a  people  from  the  honour  of  a  crowned  head,  and 
from  the  lolid  compadls  that  are  made  between  the 
people  2iV\di  i\\t\v  I  over  eign.  I  know  of  no  compads 
that  are  or  can  be  made  between  a  minifter  and  the 
people.  I  can  fuppofe  too.  Sir,  that  in  fome  future 
time  a  minifter  may  arife  profligate  enough  to  carry 
his  views  fo  high  as  to  attempt  to  make  both  king 
zv\A  people fubfervient  to  his  own  ambition.  I  can 
imagine  fuch  a  one.  Sir,  taking  advantage  of  fome 
general  calamity  or  time  of  general  confufion,  by  a 
corrupt  parliamentary  influence  opprefiing  even  the 
king  upon  his  throne,  and  making  the  crowned  head 
a  prifoner  in  his  clofet.  I  can  imagine  him.  Sir, 
fo  blown  up  with  folly  and  felf-conceit,  as  to  become 
a  competitor  evenwith  thofe  who  (hall  be  of  royal 
blood  for  pofts  of  dignity  or  titles  of  honour;  and 
he  may.  Sir,  (it  is  hardly  poffible  indeed)  but  he 
may  even  proltitute  the  name  of  the  crown  to  fup- 
port  his  pretenfions.  This,  Sir,  I  fay  is  a  pidlure  which 
1  can  draw  in  my  own  mind  of  the  miferable  fitua- 
tion  of  this  country  if  ever  the  parliament  fhould 
become  dependent  on  a  minifter.  But  as  this  can 
never  happen  but  in  fome  time  of  general  infatuation 

or 


Chap.  II.    ,     DISQUISITIONS.  305 

or  general  corruption,  the  wifdom  and  virtue  of  the 
prefent  age  fcarce  fccure  us  from  feeing  it  otherwife 
than  in  imagination  :  but.  Sir,  whatever  I  lee,  or 
whatever  1  feel,  God  forbid  that  by  an  adl  or  vote  of 
mine,  I  (hould  make  the  way  eafy  for  fuch  miferies 
to  overwhelm  any  future  generation.  The  honour- 
able gentleman  was  pleafed  to  fay  that  this  was  a  new 
cafe,  and  that  there  was  no  precedent  upon  our 
journals  to  guide  our  proceedings  :  but  let  it  be 
remembered,  that  this  can  never  be  the  cafe  again, 
fince  the  vote  of  to-day  will  remain  upon  our  books 
an  eternal  precedent  to  pofterity,  and  a  law  to  this 
houfe  for  the  future.  For  God's  fake  then,  Sir, 
let  us  confider  a  little  what  fort  of  a  law  we  are 
going  to  make ;  let  us  remember  that  if  the  prefent 
tranfadlion  pafTes  uncenfured,  and  is  declared  free 
from  guilt,  we  may  hereafter  fee  every  peer  of  par- 
liament, every  fecretary  and  other  officer  of  fiate, 
every  chancellor  of  the  exchequer,  with  his  treafury 
bags  under  his  arm,  attendifig  and  Joli citing  ele5iions  ; 
and  when  they  (hall  be  called  upon  in  this  houle  to 
juftify  their  proceedings,  they  (hall  tell  you,  they 
have  done  nothing  but  what  they  had  a  right  to  do, 
and  that  fuch  was  the  opinion  of  this  wile,  this 
independent,  this  freely  eleded  parliament.  Sir,  I 
am  not  one  of  thofe  perfons,  who  will  ever  be  for 
extending  the  privileges  of  this  houfe  to  any  ridicu- 
lous or  romantic  degree:  if  I  could  but  pciiuade 
myfelf  that  there  was  the  leaH:  room  to  doubt 
upon  this  occafion,  I  fhould  think  that  humanity 
obliged  me  to  put  the  miideft  conilructlon.  But 
really.  Sir,  I  think  the  in/u/t  offered  to  the  houfe 
is  of  fo  jlagrant  a  nature,  I  think  the  prt cedent 
muft  prove  fo  dangerous  to  the  honour  and  mdcpen^ 
Vol.  I.  R  r  hncy 


3o6  POLITICAL  Book  V. 

dency  of  parliament,  I  think  the  confequcnces  mufl: 
be  fo  deftrudive  to  the  conftitution  as  to  deferve  and 
demand  xht  ftvere/i  animadveriion.  The  honourable 
gentlennan  was  pleafed  to  a(k.  What  is  the  objed  of 
the  petition  ?  Sir,  I  will  tell  him  what  the  objed  is  ; 
it  is  ihtfecurity,  xh^Jreedom  oi parliaments,  and  pro- 
teding  the  privileges  of  the  commons  of  Great  Britain. 
Surely,  Sir,  from  tkis  houfe  ihc  commons  of  Greats 
Britain  have  a  right  to  exped  juftice.  Their  moft 
valuable  privileges  have  been  trampled  upon  and  /«- 
Jultfd,  and  they  come  now  by  this  petlton  to  demand 
ju/iice  :  Juftice,  Sir,  they  will  receive,  and  I  hope 
?2ow.  But  of  one  thing  I  am  fure^  that,  fooner  or 
later,  they  will  have  it/  [the  petition  was  difmified 
by  247  againft  96  ^). 

The  cafe  of  a  double  return  from  the  borough  of 
Milborn-Port  came  under  confideration,  A,  D.  1747. 
Michael  Harvey  and  Jeffry  French,  Efqrs.  znd  Thomas 
Medlycotr  and  Charles  Churchill,  Efqrs.  were  returned. 
This  being  a  borough  by  prefcription,  according  to 
the  ancient  ufage  and  cuftom  thereof,  there  have 
always  been  in  it  nine  capital  bailiffs,  who  hold  their 
refpedive  offices  by  virtue  of  deputations  granted  by 
the  proprietors  of  nine  ancient  parcels  of  borough 
lands.  Two  of  them  prefide  yearly  by  rotation  as 
head  officers  ;  and  thele  two  prefiding  capital  bailiffs 
may,  it  they  pleafe.  (at  a  court  ket,  held  in  OBaber 
yearly)  appoint  fubftitutes  to  execute  the  menial  offices 
of  the  borough,  who  are  called  fub-  bailiffs.  This 
borough  difcontinued  fending  members  to  parliament 
for  many  years  ;  but  was  rettored  to  its  ancient  privi- 
leges, 4  Charles  1.  Smce  which  time,  it  has  continued 

to 

a -<^//«.  Deb.  Com.  hi.  77. 


Chap.  II.         DISQ.UISITIONS.  307 

to  fend  two  members  to  every  parliament,  and  the 
Sheriff's  precept  for  chufing  members  is  always  direct- 
ed to  the  bailiffs  thereof.  For  feveral  years  after  the 
borough  was  reftored  t©  its  privileges,  the  two  prefidinjy 
capital  bailiffs  when  prefent,  or  one  of  them  when 
the  other  was  abfent,  enjoyed  the  fole  right  of  maiving 
the  return  to  the  (heriff's  precept,  that  is  to  fay,  of 
returning  the  members  they  thought  legally  chofen. 
But  fince  the  refloration,  thefe  nine  ancient  parcels  of 
borough  lands  having  been  all  ingrofled,  and  become 
the  property  of  two  neighbouring  gentlemen,  by  agree- 
mentbetween  themfelves,  they,  or  fome  of  their  friends 
were  generally  chofen  and  returned  withoutoppofuion; 
and  as  it  often  happened  that  neither  of  the  capital 
prefiding  bailiffs  were  prefent,  the  return  was  often 
made  by  their  fubftitutes,  or  fub-bailiffs :  but  fome- 
times  by  the  capital  bailiff  or  bailiffs,  and  moft  frequently 
by  the  baliffs  and  burgefles  of  the  faid  bjrough.  Tiiis 
was  the  conftitution  of  the  faid  borough  at  the  time 
of  the  lafleledion,  when  Thomas  Medlycott,  Efq;  and 
Wiliiam  Bijhop^  were  the  prefiding  capital  bailiffs,  and 
one'  Arthur  Anjly  (laid  to  be  a  common  day-labourer 
and  fervant  to  the  faid  nomas  Medlycott)  was  the  fub- 
bailiff  appointed  by  the  faid  Medlycott.  The  candidates 
were  Michael  Harvey  and  Jeffry  French,  Efqrs.  on  one 
fide,  and  the  faid  Thomas  Medlycott  and  Charles  Church- 
iilf  Efqrs.  on  theoth^r;  and  when  the  election  v/as 
over,  a  return  of  the  too  former  was  made  to  the 
fberiff  by  the  faid  William  Bifpop,  which  he  accepted 
and  annexed  to  his  precept;  butlomc  days  after  another 
return  of  the  two  latter  was  made  to  the  fneriff  by  the 
faid  Arthur  Anjly ^  which  he  likewife  accepted,  and  an- 
nexed to  his  precept,  fo  that  his  writ  was  returned  with 
a  double  return  for  the  faid  borough,  and  which  was 
the  legal  return  was  the  queftion,  and  the  only  qaeflion 

that 


^o8  POLITICAL  Book  V. 

that  hv  order  came  to  be  determined  on  Thurfday  the 
I  ft  of  December  laft.  As  to  the  return  made  by  Wil- 
Ham  Bijhopy  it  wasobjeded,  firft.  That  the  fub-baihfFs 
anr!  not  the  capital  bailiffs  were'by  the  cuftomof  that 
borough  the  returning  officers:  and  fecondly,  That 
the  faid  William  Bifljcp  was  not  properly  qualified  to 
ac^,  becauie  he  had  not  previoufly  taken  an  oath  of 
office.  To  th  firft  objedion  it  was  anfwered,  that 
by  ihe  cuftom  of  the  borough  the  fub-bailiffs  never 
adted  but  in  the  abfence,  or  by  the  orders  or  permif- 
fion  of  their  principals  5  and  when  either  of  the  capi- 
tal bailiffs  was  prefent,  neither  of  the  fub-bailiflfs  could 
ad:  as  a  principal;  the  capital  bailifl?' prefent  being  then 
the  lole  prefiding  officer.  To  the  fecond  objedion  it 
WMS  anfwered,  That  William  Bijhop  had  taken  all  the 
caths  reqaifite  by  law,  but  that  on  oath  of  office  was 
not  rtquifite  either  by  law  or  the  cuftom  of  that  bo- 
roucrh,  as  had  been  admitted  by  the  faid  Thomas 
Medlscott  himfelf.  Then  as  to  the  return  made  by 
Arthur  Anfly,  it  was  objeded,  ift.  That  as  he  was 
only  a  fub-bailiff,  and  both  the  capital  prefiding 
bailiffs  not  only  prefent,  but  ading  as  prefiding  officers, 
he  could  not  ad  as  a  prefiding  officer  in  any  affair 
whatfoever  ^  much  lefs  in  fuch  a  principal  one  as  that 
of  returning  members  to  parliament.  And  2dly, 
That  the  return  made  by  the  faid  Arthur  Anfty  was 
void  by  virtue  of  a  reiolution  of  that  houfe  of  the  2d 
oi  June^  i^^85,  by  which  it  was  refolved,  That  no 
raayor,  bailift',  or  other  officer,  to  whom  the  precept 
ought  to  be  dirtded,  is  capable  of  being  eled:ed  to 
ferve  in  parliamenr  for  the  fame  borough  of  which  he 
it>  mayor,  bailiff,  or  officer  at  the  time  of  eledion. 
And  as  th  -  return  made  by  the  faid  Arthur  Anfty  muft 
be  luppeftd  to  be  a  return  made  by  the  faid  Thomas 
Mealycott^  whofe  iubititute  and  fervant  he  was,  ac- 
cording 


Chap.  ir.        DISQUISITIONS.  309 

cording  to  the  axiom  in  law,  qui  facif  per  alium  facit 
per  fe  i  therefore  by  this  relolution  it  ought  to  be 
void.  To  the  firft  objedlion  it  was  anfwercd,  That 
by  the  cmlom  of  the  borough  the  fub-bailiffs  were 
the  only  proper  returning  officers,  confequently  the 
return  made  by  Arthur  Anjly  was  the  only  legal  re- 
turn ;  and  to  the  2d  it  was  anfwered.  That  if  the 
axiom  of  law  were  to  be  applied  to  the  eled:ion  for 
this  borough,  neither  of  the  two  proprietors  of  the 
nine  ancient  parcels  of  borough  lands  could  ever  be 
chofen  or  returned  as  rt^prefentativcs  for  this  borough, 
becaufe  both  the  capital  and  fuh-bailiffs  are  but  their 
deputies;  and  as  this  would  be  inconfiftent  with  com- 
mon fcnfe,  as  well  as  contrary  to  the  cuftom  of  the 
borough,  ever  fince  the  above-mentioned  refolution, 
it  could  not  be  fuppofed,  that  the  houle  thereby  in- 
tended to  render  the  fub- bailiffs  of  this  borough  inca- 
pable of  returning  either  their  immediate  principals, 
the  capital  bailiffs,  or  their  remote  principals,  the 
proprietors  of  thele  ancient  parcels  of  borough  lands. 
Upon  the  whole,  the  houfe,  after  having  fpent  two 
days  in  hearing  counfel,  reading  former  returns,  &c. 
and  examining  witneffes,  came  to  a  refolution,  that 
the  execution  of  a  precept  for  eledling  burgeffes  to 
ferve  in  parliament  for  the  borough  of  Milborn  Port 
and  the  making  of  the  return  thereof,  are  only  in  the 
two  fub-bailiffs  of  the  faid  borough,  or  in  one  fu fa- 
bailiff,  if  there  are  not  two,  [^one  fub-bailiff  is  un- 
doubtedly more  like  to  be  bribed^  than  two  capital 
bailiff's^  in  confequence  of  which  the  clerk  of  the 
crown,  by  order,  took  off  the  file  the  return  made  by 
William  Bijhop,  and  the  faid  Jhomas  Medlycott  and 
Charles  Churchill^  Efqrs.  became  thereby  the  only 
fitting  Members^. 

The 

a  Aim*  Deb.  Com.  hi.  83. 


3IO  POLITICAL  BookV* 

ThQ  duke  of  Bedford,  in  the  year  1735,  P^^^^^^^d 
a  petition  to  the  lords  from  the  dukes  of  Hamilton, 
^eenjberry  and  MoJitrofe,  and  the  earls  of  Dundonaldy 
Marctmont  and  ^taivy  complairiing,  That,  at  the 
eledion  of  the  fixteen  Scotch  peers,  feveral  undue 
methods  and  illegal  pradices  were  ufed,  of  which 
they  could  bring  proofs,  and  praying  that  the  houfe  of 
lords  would  allow  them  to  be  laid  before  them  *.  The 
petitioners  were  perfons  of  the  higheft  rank  and  moft 
refped^able  perfonal  charaders.  The  matter  of  their 
petition  was  of  fupreme  confequence,  afFeding  the 
very  exiftence  of  the  houfe  of  lords. 

Some  of  the  court-lords  were  againft  making  any 
enquiry  into  the  matter  of  it ;  fearing,  that  fome 
things  might  come  out,  which  would  not  be  much 
for  their  honour.  The  earl  of  Chejlerfield  and  lord 
Bathurjl  faid,  it  vvas  very  extraordinary,  that  any  hefi- 
tation  fhould  be  made  in  the  houfe  of  lords  whether 
they  fhould  liften  to  a  complaint  of  fo  high  an  enor- 
mity made  by  perfons  of  fuch  rank.  When  the 
matter  came  before  the  houfe,  the  dukes  oi  Atholz^d 
Buccleugh  obferved,  that  the  terms  of  the  petition 
were  vague  and  indefinite.  It  was  remarked,  that 
two  Scotch  peers  fpeaking  againft  the  petition  was 
rather  indelicate.  It  was  likewife  obferved,  that  the 
houfe  of  peers  is  not,  like  the  courts  below,  confined 
to  forms ;  but  may  proceed  to  the  general  iflue  and 
merits  of  the  caufe  in  the  moft  natural  way.  It  was 
moved,  That  the  petitioning  lords  fhould  be  defired 
to  declare,  whether  they  intended  to  controvert  the 
late  eledion  b.  The  petitioning  lords  declared,  they 
did  not  intend  to  controvert  the  eledion  or  return  of 

the 

a  Deb.  Lorbs,  ly.  360.  b  Ibid.  366. 


i 


Chap.  ir.         DISQUISITIONS.  311 

the  fixteen  peers  from  Scotland^  but  only  to  lay  before 
the  houfe  certain  proceedings  at  the  election,  which 
they  thcuoht  dangerous  to  the  conftitution,  and  which 
might  afFcdt  future  eledions.  A  multitude  of  diffi- 
culties were  ftarted  about  fuch  an  enquiry's  drawing 
imputations  on  certain  characters  ^  but  it  was  rightly 
obferved,  that  the  lords  would  do  well  to  confider, 
whether  throwing  impediments  in  the  way  of  a  due 
enquiry  into  the  matter  of  the  petition,  would  not 
draw  imputations  upon  the  houfe  of  peers. 

The  petitioning  lords  made  a  renewed  application 
to  the  houfe  of  peers,  fignifying,  befides  what  they  had 
faid  in  their  firft  reprefentation,  that  they  could  not, 
in  the  matter  of  their  petition,  adl  both  as  profecutors 
and  witneffes;  that  though  their  informations  were 
fufficiently  certain  as  to  the  fad,  that  there  had  been 
undue  proceedings  at  the  eledion  of  Scotch  peers,  yet 
their  informers  might  not  have  thought  proper  to 
give  in  names,  and  may  avoid  doing  fo,  till  brought 
before  the  houfe  of  peers.  Then  they  added  a  as  fol- 
lows J  *  Though  the  opening  the  particulars  of  the 
fads  to  be  proved  may  neceffarily  produce  fuch  a 
difcovery  of  evidence  before  examination  as  is  ufually 
thought  dangerous  even  in  courfe  of  ordinary  trials, 
and  may  be  much  more  fo  in  the  cafe  of  a  parliamen- 
tary enquiry  :  Yet  neverthelefs,  in  confequence  of 
your  lordfhip's  order,  as  far  as  we  are  able  from  the 
nature  of  the  thing,  we  do  humbly  acquaint  your 
lordfliip's,  that  we  laid  the  petition  before  you  upon 
information  that  the  lift  of  fixteen  peers  for  Scotland 
had  been  framed  by  peifons  in  high  trufl:  under  the 
crown,    long   previous    to   the  eledion    itfelf;    and 

that 


a  D£B.  Lords,  IV.  395* 


^it  POLITICAL  BookV. 

that  this  lift  was  (hewn  to  peers  as  a  lift  approved 
of  by  the  crown,  and  was  called  the  king's  liftj 
from  which  there  was  to  be  no  variatieUy  unlefs  it 
was  to  make  way  for  one  or  two  particular  peers, 
on  condition  that  they  {hould  go  along  with  the 
meafure.  That  peers  were  folicited  to  vote  f  )r  the 
lift,  called  the  crown^lift,  without  the  liberty  of 
making  any  alterations.  That  endeavours  were 
uled  to  engage  peers  to  vote  for  this  lift  by  promife 
of  penfionsy  and  offices  civil  and  military,  to  them- 
felves  and  near  relations ;  and  by  adual  promife 
and  offers  of  fums  of  money.  That  fums  of  money 
were  adtually  given  to  or  for  the  ufe  of  fome  peers  to 
engage  them  to  concur  in  the  voting  for  this  lift.  That 
annual  penfions  were  promifed  to  be  paid  to  peers,  if 
they  concurred  in  the  voting  for  this  lift;  fome  of 
them  to  be  on  a  regular  eftablifliment,  and  others  to 
be  paid  without  any  ejlablijhment  at  all.  That  about 
the  time  of  this  eledion,  numbers  of  penfions,  office 
(of  which  fome  were  nominal  J  3iuA  releafes  of  debts 
owing  to  the  crown,  were  granted  to  peers,  who 
concurred  in  voting  for  this  lift,  and  to  their 
near  relations.  That  on  the  day  of  eledion,  a  batta- 
lion of  his  n\2^y-^y\  forces  was  drawn  up  in  the  Abbey 
court,  at  Edinburgh^  and  three  companies  of  it 
were  marched  from  Leith  (a  place  at  one  mile's  dif- 
tance)  to  join  the  reft  of  the  battalion,  and  kept 
under  arms  from  nine  in  the  morning  till  nme 
at  night,  when  the  elediion  was  endedy  contrary  to 
cuftom  at  eledions,  and  without  any  caufe  or  occa- 
fion,  that  your  petitioners  could  forefee,  other  than 
the  overawing  of  the  eledion.  Thefe  inftances  of 
undue  practices  we  now  humbly  mention,  which, 
we  hope,  will   fatisfy   your  lordlhips,  that  we  have 

juft 


Chap.  II.       D  I S  QJJ I  S  I T I  O  N  S.  3:3 

juft  reafon  to  pray  your  lordships  to  take  this  mat- 
ter into  your  ferious  confidcration»  and  to  provide  f.ich 
a  remedy  as  may  be  efFedual  for  prefcrving  th  ■  nght 
and  freedom  of  elections,  this  beifig  the  only  right 
that  now  remains  with  the  peers  of  Scotland  in  lieu 
of  a  conflant  and  hereditary  leat  in  parliament  ' 

All  this  however,  went  for  nothing  with  man-'  of 
their  good  lordfhips.  It  was  not  fufficiently /j^rmT^- 
lar  to  be  taken  notice  of  by  the  houfe.  Direct  i>ri» 
bery  was  not  a  fufficiently  particular  inftance  of  illegal 
practices  3  nor  were  the  different  fpecies  of  it,  parti-' 
cularized  by  the  petitioning  lords,  particular  enough* 
The  demurring  lords  were  even  (o  hard  put  to  <t, 
that  they  blamed  the  petitoning  lords  for  noc  menti- 
oning the  name  of  the  officer,  who  commanded  the 
regiment,  which  was  appomted  to  overawe  the  elec- 
tion. But  nothing  would  have  been  more  trifling, 
than  their  naming  him,  becaufe  he  was  not  guilty  j 
but  vvas  obliged  to  obey  his  fuperior  officer. 

*  If  a  coroner,  my  lo  ds,'  (fays  one  of  the  right 
honourable  fpeakers)  *  (hould  be  informed  that  a  per- 
fon  had  been  murdered',  the  body  buried,  and  the 
murderer  concealed  ;  but  that  if  he  would  examine 
fuch  witneffes  as  his  informers  fliould  direct  tntn  to, 
the  murder  might  be  diLovered,  and  the  perfons 
guilty  apprehended  and  brought  to  condign  puniih* 
ment;  iurely  the  coroner  would  be  very  deficient  in 
his  duty  if  he  (hould  negledl  or  refufe  e?2quiring  into 
the  attair,  becaufe  his  informers,  could  not,  or  per- 
haps would  not,  declare  to  him  the  perfons  guilty 
and  the  particular  manner  in  which  the  murder  was 
committed.  Surely,  my  lords,  if  his  informers 
were  men  of  any  character  or  credit,  if  they  were 

Vol.  I.  S  f  perfons 


314  POLITICAL  BookV. 

perfons  upon  whofe  information  he  could  have  the 
lead  dependence,  he  would  immediately  order  the 
body  tq  be  taken  up  and  examined,  and  would  exa- 
mine, in  the  ftrideft  manner,  every  witnefs  his 
informers  could  dired  him  to.  The  cafe  before  us 
is  the  vrry  fame.  If  your  lordihips  can  have  any 
dependence  upon  the  charader  or  credit  of  the  peti- 
tioners, you  muft  lufpedt  that  a  mod  horrid  murder 
has  been  committed.  An  eledion  there  has  been, 
whether  it  was  a  fair  eledicn,  your  lordfhips  aie 
to  enquire  j  for  if  it  was  carried  on  by  undiie 
methods  and  r//^^^/ pradices,  the  right  of  the  peer- 
age of  Scotland  has  been  murdered^  our  conjiitution 
has  got,  I  am  afraid,  a  mortal  Jiab,  1  am  per- 
fuaded  none  of  your  lordfhips  is  of  opinion  that  the 
petirioners  are  perfons,  v^-hofe  information  is  not  in 
the  Icaft  to  be  depended  on,  and  in  fuch  a  cafe,  upon 
fuch  an  information  will  your  lcrd(hips  refufe  to 
make  an  enquiry,  becaufe  they  cannot  inform  you 
of  the  'particular  perfons  concerned  m  the  murdery 
and  of  all  the  particular  circumftances  how  it  was 
committed  ?  For  God's  fake,  my  lords,  confider 
what  an  injury  will  be  done,  by  iuch  a  refuJaU  to 
the  nation  in  general  5  and  what  a  public7?«r  will  be 
thrown  upon  the  honour  of  this  houfe,  and  upon  the 
jufticeofour  proceedings.  In  fhort,  my  lords,  the 
honour  of  this  houfe,  as  well  as  the  independency 
of  parliament,  is,  in  my  opinion.  To  much  concerned 
in  the  aii-air  now  before  us,  the  complaint  is  fo 
well  fupported,  the  grievance  fo  fully  and  fo  par- 
ticularly fet  forth,  and  a  redrefs  fo  loudly  and  fo 
generally  as  well  as  particularly  called  for,  that  if 
we  do  not  enquire  flridly  into  this  affair,  1  fhall 
hardly  exped  that  this  houfe  will  ever  ioi  the  future, 

enquire 


Chap.  11.  DISQUISITIONS.  315 

enquire  into  the  complaints  of  any  fubjedl,  or  oi  any 
number  q{  jubjedls  \  and  if  the  other  houfs  follow  the 
example  of  this,  where  then  fhall  the  fubjedls  go 
to  complain  ?  No  where  can  they  go,  my  lords,  but 
to  the  foot  of  t!ie  throne^  which  they  cannot  approach, 
but  when  the  minifters  pleafe  to  give  them  leave, 
and  then,  1  am  fure,  it  muft  be  granted  that  the  fub- 
jeds  ot  this  once  happy  and  free  nation  will  be  re- 
duced  to  the  fame  ftate  with  thofe  of  the  mod  abfo- 
lute,  the  mod /^'u//?^  monarchy  upon  earth/ 

The  minifterial  lords  made  a  handle  of  the  circum- 
flance,  that  the  petitioning  lords  did  not  comply  with 
their  order,  and  (end  the  names  of  the  offenders.  A 
grofs  proof  o'i partiality  again  ft  the  matter  of  the  peti- 
tion !  For  the  petitionifig  lords  did  not  know  all  their 
names  3  and  petitioned  the  houfe  exprefly  for  the 
purpofe  oi  finding  out  th^  guihy  perfons  ;  which  the 
petitioning  lords  themfelves  could  not  do.  B,:lides  that 
the  naming,  before  elimination,  of  the  fufpedted 
perfons  was  the  fure  way  to  defeat  the  examination 
by  putting  them  upon  abfconding,  or  running  away, 
and  fecuring  their  betters  from  difcovery.  One  would 
almoft  imagine,  their  tender  hearted  lordfhips  meant 
this  in  pure  compaffion  to  the  poor  innocents,  who 
had  unthinkingly  ftabbed  the  liberties  of  their  coun- 
try; At  any  rate,  there  was  one  obvious  advantage, 
of  which  the  lords  difappoioted  the  nation,  viz.  The 
legiflatures  finding  means  for  preventing  (if  they 
wiflied  to  prevent)  fuch  corrupt  pradices  for  the 
future.  '  We  cannot  conceive*  (fald  the  protefting 
lords)  *  that  an  innocent  perfon,  who  Ihould  happen 
to  be  named  in  the  courfe  of  fuch  an  examination, 
can  poffibly  be  deprived  of  the  mcAns  of  making 
his  innocence  appear.     But  we  can  well  forefee,  thac 

guilty 


:> 


i6  POLITICAL  Book  V. 


gmify  perfons  (and  tbefe  probably  of  the  highejl  rank) 
rii  y  ffcape  by  fuch  a  method ;  which  impofing^  an 
iwpoffibility  on  the  intormants,  muft,  as  we  appre- 
h(f.r!,  lerve  to  defeat  all  parHamentary  enquiries, 
and  liiectore  could  not  be,  in  our  opinion,  within 
the  intention  of  the  order/  The  protefting  lords 
ai;d,  «  We  apprehend,  that  pinning  down  the  peti- 
tion in,-;  1'  rds  to  the  precife  wird$  of  the  order^  may 
be  attended  wth  this  fatal  confequence,  that  all 
p'^i  iiamentary  enquirits  may  be  rendered  much  more 
d.jficuU  hereatter,  uhich  may  probably  give  fuch  en- 
c  Li;  rgrji. ent  to  coxr u\^i  mini/ierSy  that  they  may  be 
pr'-mpied  H)  make  the  moft  dangerous  attempts  upon 
the  a72jiitution,  and  hope  to  come  off  with  impunity. 
Such  appieiienfions  naturally  fu^geft  the  melancholy 
uPjcdjon  that  our  pofterity  may  fee  the  time  when 
fome  of  thofe  lords  who  fit  upon  a  more  precarious 
f  oc  than  tKe  reft  of  the  hqufe,  having  through  mo- 
tise-  of  virtue  and  honour,  ^pofed  the  evil  defigns 
or  \i\\\^^  future  minifter,  for  that,  and  that  alone^  may 
be  excluded  at  an  enfuing  eledion ;  and  though  the 
V'hoie  v\orld  mu'  be  fenfible  of  the  cauje  of  their  ex- 
clufK^fi,  no  remedy  may  be  found,  but  their  cafe  may 
become  a  lubject  of  national  concern,  indignation, 
a^ui  ri  .entmc-nt.'  It  was  then  moved,  that  the  pe- 
tiijon  Hiould  be  difmifled.  And  it  was  urged  (grave- 
ly \  will  iot  fay;  for  I  Ihould  think  hardly  even  a 
tv^irt  iOrd  cou'd  (o  cffeitually  command  his  counte- 
n^.ct-)  tl  at  it  was  a  priori^  and  '  from  the  nature  of 
t^/c  »ling,'  improbable  (geometrically  demonftrable^ 
'  1  V  fn  uid  h^ive  faid)  *  tha  any  fuch  pradlices  were 
.d.  '  w  ^t  af  the  late  clcdion.'  Becaufe  the  elected 
" ,    »vcre  good  men  a.   If  this  be  not  dcmonftration. 

H 

a  Deb.  Lords,  iv.  413. 


Chap.  II.         DISQUISITIONS.  317 

let  the  reader  judge.  It  was  obferved,  on  the  part  of 
the  petition,  thatiffuch  a  petition  was  dilmiiTed,  It 
would  na;urally  be  concluded.  That  the  houle  of 
peers  '  was  never  to  enquire  into  any  illegal  prac- 
tices, if  by  fuch  enquiry  an  iaipeachment,  or  any 
other  parliamentary  proceeding,  might  become  ne- 
ceffary  for  puniftiment/  It  was  faid,  That  even 
*  common  fame,  or  a  general  clamour  was  not  only 
a  foundation  for  an  enquiry,  but  fuch  a  foundation  as 
the  houfe  of  peers  is  obliged,  both  in  honour  and 
duty,  to  lay  hold  of;'  that  the  guilty,  if  any  fuch  are 
found  and  convided,  may  be  brought  to  condign 
punifhment ;  or, .if  otherwife,  that  the  flanderers  may 
be  punifhed.  *  General  clamours  ought  never*  to  be 
Contemnedy  the  ^^i?/>/^  ought  to  ho.  fatisfed.  It  is  one 
of  the  chief  ends  of  our  meeting  in  this  houfe,  and  in 
fuch  cafes  there  is  ho  way  of  faiisfying  the  people, 
but  by  a  ftrift  enquiry ^  and  a  fevere  punijhment  upon 
the  guilty ;  for  guilty  petfons  there  mull:  necefiarily 
be  upon  all  fuch  occafions,  ^either  on  one  fide  or  the 
other.'  And  if  a  general  clamour  is  a  fufficient  caufe 
for  parliamentary  enquiry,  how  much  more  a  petition 
Uovcijix  noblemen  formally  complaining  of /«;2/ry  done 
themfelves  and  their  country'?  To'fay  nothing  of  the 
duke  of  Hamilton^  \htjirjt  nobleman  bf  the  ancient 
kingdom  of  Scotland,  or  of  any  of  the  other  four, 
who  fubfcribed  the  petition,  the  venerable  name  of 
the  earl  oi  Stair  was  alone  fufficient  to  fandlify  what- 
ever it  appeared  affixed  to,  and  to  fecure  it  from  the 
negled  of  any,  but  a  fet  of  men,  who  had  long  fet 
(hame  and  decency  at  defiance., 

The  affair  of  the  South  Sea  directors,  and  of  the 
charitable   corporation,    and  of    the  Tork-Buildings 

com- 


71^  POLITICAL  BookV, 


^ 


company,  were  mentioned  on  the  part  of  the  pe- 
tition, into  which  an  enquiry  was  made,  though  as 
few  particulars  previoufly  fpecified  as  in  the  prefent 
cafe.  Thefe  were  all  let  on  foot  in  confequence  of 
petitions  from  the   injured,    as    in  the   prefent    cafe. 

*  But,'   (fay  the  lords   on   the  fide  of  the   petition) 

*  was  it  ever  before  defired,  or  infilled  on  that  the 
petitioners  fhould  give  particular  inftances  of  the 
frauds  or  illegal  practices  they  complained  of?  Was  it 
ever  infifted  on  that  they  fliould  give  the  names  of  the 
particular  perfons  they  fuppofed  to  be  guilty  ?  No, 
my  lords,  it  never  was.  And  (hall  the  petitioners  in 
the  prefent  cafe,  becaufe  they  are  men  of  as  high 
quality;  and  as  much  injured  as  any  that  ever  prefent- 
ed  a  petition  to  parliament,  becaufe  the  injury  they 
complain  of  is  of  as  high  and  as  dangerous  a  nature  as 
any  that  was  ever  complained  of  to  parliament;  and 
becaufe  the  praftices  they  complain  of  are  as  generally 
Relieved,  and  as  much  exc/Mped  againft,  as  ever  any 
practices  were  in  this  or  any  other  nation  ;  fhall  they, 
I  fay,  for  the/e  reafons  be  obliged  to  do  more  than  was 
ever  defired  of  any  petitioners  ?  Shall  their  petition  be 
reje^ed,  unlefs  they  will  fubjed  themfelves  to  the 
trouble,  the  expence,  and  the  danger  of  becoming  the 
adual  accufersKii  thofe  they  fufpcdl:  to  be  guilty  ?' 

It  was  obferved,  '  that  even  in  private  life,  if  a  gen- 
tleman fliould  relate  a  fadl,  and  fay  he  had  it  from 
fuch, authority  as  he  could  depend  on,  it  would  net  be 
confident  with  common  decency^  to  tell  him,  I  can 
give  no  credit  to  what  you  relate  \  nay,  1  will  not  fo 
much  as  be  at  the  pains  to  enquire  into  the  truth  of  ir, 
unUfs  you  give  me  year  authority.  Confidcr,  my 
lords,  what  are  the  authorities  that  can  be  given.  The 
noble  lords  the  petitioners  have  told  us,  that  they  have 


i:^rtain 


Chap.  11.         DISQUISITIONS.  319 

certain  information  of  undue  and  illegal  pradices  made 
ufe  cf  towards  'engaging  peers  to  vote  for  a  lift  at 
the  laft  eleftion.  The  only  authority  they  can  give 
for  this  allegation  is,  that  of  the  perfons  who  told 
them  fo,  and  thefe  are  the  very  perions  they  defire  to  , 
have  examined  n  your  lordjjjifs  bar.  Surely  your  lord- 
fhips  would  not  have  them  to  give  you  that  autho- 
rity at  prefent ;  you  would  not  have  them  now  to  give 
you  tl^e  names  of  their  informers ;  that  would  indeed 
be  a  difcovery  of  evidence,  the  moft  open  that  ever 
was  made,  and  more  open  than  was  ever  defired  from 
any  plaintiff  in  this  world.  This  therefore  hnct  furely 
what  the  nobie  lords  would  have  towards  affifting 
them  to  form  a  judgment  of  their  own  in  the  prefent 
cafe  ',  and  yet  if  this  be  not  what  they  izant^  I  really 
cannot  comprehend  what  they  would  have.* 

'  If  .we  look  back  upon  all  former  elcdions  in  par- 
liament, (lays  a  namelefs  fpeaker  in  the  debate)  wc 
muft  think  it  very  (Trange  that  the  fixteen  peers 
chofen  have  always  been  oi  2,  minijlerial  complexion 
almoft  without  exception ;  and  if  the  complexion  cf 
any  of  them  altered  during  the  continuance  of  the 
parliament,  we  have  always  found  them  left  out  at 
the  next  eledionj  nay,  upon  all  changes  of  minijlers, 
we  have  found  the  eledtion  of  peers  in  Scotland  take  a 
72CW  and  a  general  turn.  This  could  not,  in  my 
opinion,  have  happened  without  fomething  of  a  very 
extraordinary  minifterial  influence  on  that  election  ; 
and  this  extraordinary  influence  cannot  be  obtained 
without  fome  undue  methods  and  illegal  pradices  ; 
nay,  it  is  natural  to  fuppofe,  that  if  he  is  not  a  man 
oi  more  virtue  than  minifters  ufually  have,  a  minifttr 
will  always  make  ufe  of  the  power  and  the  favours  of 
the  crown  which    are  at    his  difpofal,    to  get  fuch  a 

fct 


220  P  O  L  I  T  I  C  A  V  Book  V. 

fet  of  peers  returned  TiOm  Scotland  2iS>  he  (hall  approve 
of;  fo  that  from  the  nature  of  the  thing,  as  well  as 
from  paft  experience,  we  have  all  the  reafon  in  the 
world  to  believe  there  have  been  fome  illegal  pradices 
made  ufe.of  at  the  lafi  eledion  ;  and  as  the  honour  of 
this  houfey  as  well  as  the  prefer vation  of  the  confti" 
tution^  is  deeply  concerned  in  preventing  fuch  prac- 
tices, as  fuch  practices  cannot  be  prevented  by  our 
cr<^/Wry  courts  of  law,  an  enquiry  into  this  affair  is 
now,  1  think,  become  abfolutely  «fr<^rj//— *  C^//^ 
tQm^  my  lords,  is  of  a  mighty  prevalent  nature. 
Even  virtue  itfelf  owes  its  refpeB  in  a  great  meafure 
to  cuftom  'y  ar:d  vice^  by  being  openly  and  avowedly 
pradifed,  foon  comes  to  difguife  itfelf,  to  conceal  its 
deformity,  and  at  length  to  aflame  the  habit  of  virtue. 
If  minifterial  influence,  if  private  and  felfijh  views 
fhould  once  come  to  be  i\iQ  Jo le  diredtors  in  voting  at 
the  election  of  the  flxteen  peers  for  Scotland^  the  prac- 
tice would  foon  get  even  into  this  houfe  itfelf  \  and  as 
inferiors  are  always  apt  to  imitate  their  fuperiors,  it 
would  from  thence  defcend  to  every  eleBion^  and  to 
every  aflTembly  in  Great  Britain.  Corruption  would 
then  come  to  be  openly  and  generally  avowed ;  it 
would  afliime  the  habit  oi  virtue ;  the  facrificing  our 
country^  the  facrificing  of  all  the  ties  of  honour  ^  friend- 
fhip,  and  bloody  to  any  perfonal  advantage  or  prefer- 
ment, would  be  called  prudence  aitd  good  fen/ky  and 
every  contrary  behaviour  would  be  called  madnefs  znd 
Jolly.  Then  indeed  if  there  were  a  man  of  virtue  left 
in  the  nation,  he  might  have  reafon  to  cry  out  with 
the  celebrated  Roman  pztnot,  O  virtue  I'have  followed 
thee  as  a  real  goodj  but  now  I  find  thou  art  nothing 
but  an  empty  name.  It  was,  my  lords,  the  general 
eorruption    he  found   in  his  country    that  led  that 

great 


Chap.  II.  DISQUISITIONS.  321 

great  man  into  fuch  an  expreffion.  He  died  in  the  de- 
fence of  liberty  and  virtue  ;  and  with  him  expired  the 
laft  remains  of  the  liberty  and  virtue  of  his  country  j 
for  virtue  and  liberty  always  go  hand  in  hand  -,  where-* 
ever  one  is,  there  likewife  is  the  other,  and  from 
every  country  they  take  x\\€\v  flight  together,' 

It  had  been  faid  on  this  occaiion,    that  the  enquiry 

propofed   by  the  petitioners  would  put  the  nation  m 

a   ferment.     To  this  it  was   replied  ^^     '  As  to  thei 

putting  the    nation  in  2.  ferment ,    I  am  fure  in  the 

prefent  cafe  our  going  upon  an  enquiry  will  put  the 

nation  into  no  ferment ;  but  our  refuiing  to  make  any 

enpuiry    will   certainly    put    the    whole    nation,    and 

particularly  Scotland^  into  a  very  great  ferment.     We 

ought  to  confider,   my  lords,  the  danger  the  whole 

nation  was  expofed  to  by  a  moft    unjuft    rebellion 

raifed  in  that  country  againft  his  late  majefty  ^  but 

if  the  peerage  of  that  country  fhould  find  themfelves 

opprejfed  by  a  minijlery  and  fhould  find  that  no  jujitce 

is    to    be  expected    from    this   houfey    it   may  raife 

another   rebellion^    or  rather  an    infurreSlion^    in  that 

country  j    and  as  they  would  then    have  truth  and 

ju/iice  on  their  fide,  it  would  naturally  procure  them 

the  hearts  of  all  the  people  of  England^  and  I  am 

afraid  moft  of  their  hands.' 

The  petition  being  difmifled,  a  proteft  was  entered 
on  the  journals,  in  which  are  the  following  nervous 
paflages,  viz. 

*  When  we  confider  the  firft  particular  in  the  anfwer 
of  the  lords  petitioners,  viz.  That  the  lift  of  fixteen 
peers  for  Scotland  had  been  framed  by  perfons  in  high 
truft  under  the  crown,  being  previous  to  the  eledtion 
itfelf,  and  that  the  lift  was  (hewn  to  peers,  as  a  lift  ap- 
Vol.  I*  T  t  proved 

a  Deb,    Lords,  iv,  422, 


( 


322 


POLITICAL  Book  V. 


proved  of  by  the  crown^  and  was  called  the  king*s  lift  j 
we  are  filled  with  indignation  to  fee  that  great  name 
indecently  blended  with    the  tricks    of  miniliers^  and 
profaned  and  proftituted  to   the   worfi   purpofes,    to 
purpofcs  that  mull  ne.ceffarily   tend  to   the  fubyerjion 
of  our  conjlitutiony  which  we  know  it  is  his  majefty's 
glory  and  defiie  io preferve.     Such  a  criminal  attempt 
to  fcreen  or  facilitate  a  minijierial  nomination  by  the 
interpofition    (equally  falfe  and    illegal)   of  his  ma- 
jefty's  name,  calls,  in  our  opinion,  not  only  for  the 
ftrideft  enquiry  and  the  itvtxt^i  punifiment  upon  the 
authors  oi  the  fad,  if  it  be  proved,  or  the  ajfertors 
of  it,  if  it  be  not ;  but  it  is  in  our  opinion  no  way  to 
be  dropt  unexamined  and  unenquired  into  ;  fuch  a  pre- 
cedent may  in  future  times  encourage  the  <worft   of 
minifiers  to  load  with  \i\^  guilt  the  beft  q{ princes  ;  the 
borrowed  name  of  his  fovereign  may  at  once  become 
his  weapon  and  his  flneldy   and  the  conftitution  may 
owe  Its  danger,  and   he  his  defence  to  the  abufe  of 
his  prince's  name  after  a  long  abufe  of  his /j^ii^^r/—— 
We  diflent,  becaufe  v/e  think  the  promifes  of  pen- 
fions  and  offices,  civil  and   military,'  [and  the  other 
above  mentioned   bribes    offered  to  the  peers,    who 
fliould  vote  for  the  minifterial  lift]  *  feem  in  the  higheft 
degree  to  affedl  the  honour  and  dignity  of  this  houfe  ; 
lince  untroubled  ftreams  can   hardly  be  expeded   to 
flow  from  a  corrupted  iource  :  and  if  the  eledion  of 
fixteen  peers  for  Scotland  (hould  ever  by  the  foul  arts 
ot  corruption  dwindle  into  a  minijierial  nomination, 
inftead  of  perfons  of  the  firft  rank^   greateft  merits 
and  moft  confiderable  property,    we  may  exped  in 
future  parliaments,  to  fee  fuch  only  returned,  who, 
owing  their  eledion  to   the  nomination  cf  the  mini- 
fter,  may  purchale  the  continuance  of  their  precarious 
feats   by  a  fatal   and  unanimous  fubmifiion  to   hi$ 

didates. 


Chap.  II.        DISQUISITIONS.  323 

didlates.  Such  pcrfons  can  never  be  impartial  judges 
of  his  condudl,  (hould  it  ever  be  brought  in  judg- 
ment before  /te  great  tribunal/ 

Thus  far  this  (hamelefs  affair  was  carried  3  an^  then 
it  was  voted  to  adjourn  ;  on  which  32*  lords  difiented. 
Their  proteft  concludes  with  the  following  words,  viz. 
We  have  reafon  to  apprehend  that  pofierity  upon  ihe 
perufal  of  the  journal  of  this  day,  may  be  induced  to 
think  that  this  houfe  was  not  inclined  to  permit  the 
tranfadions  of  the  late  eledion  in  Scotland  to  be 
brought  under  examination  in  any  jbape  wbatfoever  : 
the  method  propofed  being,  as  we  conceive, — clear  of 
a//  the  objeBions  which  were  made  in  relation  to  the 
petition.' 

On  occafion  of  the  controverted  eledion  for  York- 
Jhire^A,D,  1736,  thecommonsallowed  parol-evidence 
to  be  a  fufficient  proof,  that  a  particular  voter  was 
not  a  freeholder,  who  had  m2idit  affidavit ^  that  he,  was. 
Yet  we  do  not  hear,  that  the  man  was  punijhed  for 
perjury,'^  And  afterwards  b,  *  The  houfe  having 
re-affumed  the  hearing  of  the  petitions  relating  to 
an  undue  eledion  for  the  county  ot  Yurk^  the  coun- 
fel  for  the  petitioners  examined  Jofiuah  Wiljony  in 
order  to  diiqualify  Joh?2  Makeny  as  having  had  no 
freehold  at  the  time  of  the  faid  eledion  in  the  plsce 
where  he  then  fwore,  that  his  freehold  did  lie ;  and 
the  faid  Wiljoji  beginning  to  give  evidence  of  that 
difqualification,  by  relating  the  conteflion  of  the  faid 
"^ohn  MakeUi  he  was  interrupted  by  the  counfel  for 
the  fitting  member,  w^ho  faid,  that  as  the  houfe  wculd 
not  admit  of  a  man's  confefTion  even  bejore  them,  as 
an  evidence  againft  what  he   had  fworn  at  the  time 

of 


a  Deb,   Com.  ix,  148.  b  Ibid.  151, 


324  POLITICAL  Book  V- 

of  an  ele5lion,  they  would  not  furely  admit  of  a  man's 
private  confeffion  to  a  neighbour  in  the  country  as 
an  evidence  againft  what  he  had  fworn  at  the  time  of 
an  ele^iofi*  Upon  this  the  counfel  on  both  fides 
were  heard,  and  feveral  journals  read,  particularly 
the  refolution  of  that  houfe  of  the  12th  of  February 
then  laft,  in  the  cafe  of  the  eledion  for  the  borough 
oi  bouthwark  2ig2Ax\ii  admitting  the  petitioners  counfel 
to  examine  Thomas  Gar  man  in  contradiBion  to  his 
oath  at  that  eleElion :  And  then  the  following  queftion 
was  propofed,  viz.  That  the  counfel  for  the  pe- 
titioners be  admitted  to  give  evidence  as  to  what  a 
voter  confefled,  of  his  having  no  freehold^  who,  at 
the  time  of  the  eleBioriy  fwore  he  had.  Upon  this 
motion  there  was  alfo  a  debate  \  but  upon  thcqueftion's 
being  put,  it  was  carried  in  the  affirmative  by  181  to 
132." 

In  the  year  1739,  complaint  was  made  of  an  uur 
due  eledion  for  Plymouth.  The  lafi:  determination  of 
the  houfe,  viz.  A.  D.  1660,  had  fettled,  that  the 
right  of  eledion  was  in  the  mayor,  and  commonalty. 
The  petitioner's  counfel  infifted,  that  the  word  com- 
monalty fignifies  freemen  only,  excluding  jreeholders. 
The  houfe  refolved  the  fame.  The  fitting  member, 
who  was  eledled  by  a  majority  of  freemen  and  free- 
holders, was  turned  out,  and  the  petitioner,  who  was 
eleded  by  a  majority  oi freemen  only,  was  received^. 

How  necejjary  minifters  think  it  for  them  to  have 
fo'werme/e^ions,  appears  from  the  following;  which 
/hews,  that  the  then  reigning  junto  were  willing  to 
fiicnfice,  to  this  great  objedt,  the  liberty  and  happir 
nefs  of  every  Britijh  fubjedt. 

J.  D. 


9  Deb*  Com.  xi.  19^. 


Chap.  II.         DISQ^UI  SIT  IONS.  325 

-/f.  Z).  1739*  the  miniftry,  on  pretence  of  manning 
the  navy,  propofed  an  ad:,  by  which  conftables  fliould 
have  power,  by  a  warrant  from  juftices,  to  enter  and 
fearch private  houfes  at  all  hour s^  for  concealed  failors. 
In  the  debate  in  the  houfe  of  commons,  an  annony- 
mous  member  fpoke  as  follows  a. 

*  I  am  furprifed,  to  find  gentlemen  exprefs  fo  much 
impatience,  as  lome  begin  to  fliew  in  this  debate. 
J  hope  no  gentleman  comes  here  with  a  rcfolution  to 
give  his  vote  upon  either  fide  of  any  queftion,  that 
may  be  ftarted,  till  he  has  heard  what  may  be  faid 
for  or  againft  itj*  and  therefore  in  a  queftion  which 
fo  nearly  concerns  the  liberties  of  this  country,  1  can- 
not but  be  furprifed  at  feeing  gentlemen  exprefs  an 
unwillingnefs  to  hear  the  argumejtt  fully  difcujfed.  If 
they  will  not  be  at  the  pains  to  let  us  hear  tbeir  kur- 
timents  upon  it  in  any  other  way  than  by  their  Aye 
or  No,  they  ought  to  attend  particularly  to  thofe  that 
willy  for  though  thefe  monofyllables  may  determine 
the  queftion,  I  am  fure  neither  of  them  will  convince 
any  reafonable  man  in  tfie  kingdom.  The  queftion 
now  before  us  is  not  fimply,  Whether  we  fhaii  agree 
to  this  claufe  or  not.  It  is,  Whether  we  (hall  agree 
to  put  an  end  to  our  conftitution,  and  va'^^  jlaves  of 
ourfelves,  our  conftituents  and  pofterity  ?  For  this,  in 
my  opinion,  will  be  the  certain  confequence  of  our 
agreeing  to  this  claufe,  however  amended.  That  our 
liberties,  nay  and  our  properties  too,  depend  upon 
the  freedom  of  our  eledltons,  is  a  maxim  which  I  be- 
lieve no  man  will  conteft.  A  corrupt  parliament 
may  for  a  time   fupport   an  oppreflive  and  wicked 

minifterj 


a  Deb.  Com.  xii.  418. 


326  POLITICAL  Book  V. 

minifter ;  but  a  parliament  is  but  the  ftream :  Our 
eledtions  for  parliament  men  are  the  fountain  head, 
and  as  long  as  they  are  left  free  and  uncorrupted,  the 
ftream  will  of  courfe  refine,  and  will  at  laft  become 
as  pure  as  the  fountain  from  whence  it  flows.  But 
this  claufe,  Sir,  feems  to  be  contrived  for  poifoning 
the  fountain  itfelf,  and  for  rendering  all  the  elcdi -ns 
in  the  kingdom  dependent  upon  the  will  if  every  fu- 
ture minifter.  Let  us  confider.  Sir,  that  the  free- 
dom of  a  man's  vote  at  any  eledtion  may  be  taken  a- 
way,  not  only  by  an  immediate  bribe  in  ready  money, 
or  bank  notes,  but  by  the  hopes  of  being  regarded  for 
his  compliances,  or  the  fears  of  being  made  to  fuf- 
fer  fjr  his  fl:ubbornnefs  ;  and  if  we  confider  how 
much  a  minifter  has  it  already  in  his  power  to  make 
ufe  of  every  one  of  thofe  methods,  we  (hall  be  ex- 
tremely cautious  of  making  any  new  additions  to  that 
power.  That  our  minifters  have  now  a  much  greater 
command  oi  VQ2iiy  money ^  than  they  formerly  ufed  to 
have,  can  be  denied  by  no  man  who  confiders  the 
late  increafe  of  the  civil  lift  revenue,  the  great  fums 
of  late  years  allowed,  even  in  time  of  peace,  for 
fecret  fer*iice  money,  and  the  favings  that  may  be 
made  out  of  the  vaft  fums  now  granted  for  the 
'current  fervice.  I  believe.  Sir,  it  will  be  as  little 
contefted,  that  our  minifters  have  now  a  much 
greater  number  of  lucrative  pofts  and  employments 
at  their  difpofal,  than  any  former  minifters  ever 
had  in  this  kingdom.  Thefe,  Sir,  are  a  two  edged 
fword  in  the  hands  of  a  minifter;  they  ferve  not 
only  for  cultivating  the  hopes  of  the  compliant,  but 
for  encreafing  ih^ fears  of  the  ftubborn  at  eledions  j 
and  by  our  late  practice  they  are  now  become  more 
ulefal  in   both    thefe    refpeds   than  ever   they  v/ere 

before. 


Chap.  II.  DISQUISITIONS.  327 

before.     It  is  now  become  a  general  and  an  efta- 
blifhed  opinion,  that  no  man  is  to  expedl  or  to  hold 
any  poft  or  employment  in  the   government,  unlefs 
he,  and  all  thofe  over  whom  he  iias  any  influence, 
take  care  to  vote    at  every  eledion  according  to   the 
diredions    of   the    minifter.      What  an  effed:    this 
muft    have   at   all  eledions,    gendemen    may    eafily 
imagine.     If  an  eledor  has  any  thing  mercenary  in 
his  t  mper,  he  will  certainly  vote  according  to  court 
directions  at    every  eledion,    in    hopes  that  he,  his 
fon,  his   brother,  or  fome   near  relation,     may  get 
a  poft  or  a  preferment  in  the  fervjce   of   the  govern- 
ment ;  and  it  is  a  great  hardfliip  upon  honeft  men, 
I  mean  thofe   who  vote   upon  all   occaftons  accord- 
ing to  confcience,  to  find  themfelves  excluded   from 
all  the  benefits   that  are  to  be  reaped  by  fcrving  their 
country  in  a  public  capacity.     Whether  it  is   fo  or 
not,  I  fhall  not  pretend   to   fay  ;  but  I  am  fare  it  is 
generally    thought,    that  no   man  is    now    deemed 
capable    to    ferve    his  country,    unlefs    he  be    ready 
upon    all   occafipns   to    facrifice   the  liberties    of  his 
country  to  the  didates  of  thofe    who  have  the   di(^ 
poial  of  our  public  employments  3    and  this  of  itfelf 
would  in  moft  countries  be  fufficient  for  eftablifhing 
arbitrary    power/ — He   goes    on    afterwards    as  fol- 
lows.— ^  In  a  country  where  there  is   a  multitude  of 
penal  laws,  and  efpecially  when  thofe  laws  not  only 
punifh,  but  create  crimes,  innocence  can   be  no  pro- 
tedlion  againft  the  malice  or   revenge   of  thofe  who 
are  entrulted  with  the  executive  part  of  the  govern- 
ment.    A  man  may  without  knowing  it,    be  guilty 
of  a  breach  of  fuch  intricate  laws  5  and   even  when 
he  is  guilty  of  no  breach,  he  may  be  plagued   and 
harraffed  out  of  his  life,  or  at  leaft  out  of  his  buii- 

ncfs, 


328  POLITICAL  Book  V. 

nefs,   by    the    governments   officers.     In    fuch   cir- 
cumftances  he  mud  not  only  be  a  very  honeft,  but 
a  very    brave  and    refolute    man,  who  will  dare  to 
vote  at  any   eledion  contrary  to  thefe  menaces  that 
are  whiipered  to    him   by  the   tools  of  a  minifter  ; 
and   if  we    confider    what  numbers  of  eledors   are 
already  brought  into  fuch  circumftances  by  the  many 
penal  laws  lately  enaded,  we  (hall  have  more  reafon 
to  wonder   at    any    eledions    being    carried    againft 
the  court  intereH-,  than  at   the  mmijler\   having  the 
direBion    of  moil:  of  the    ele£iions  in  the  kingdom. 
When    our  liberties    are  in    fo  great  danger,    when 
there  is  fo  much   reafon  to  apprehend  the  prevalence 
of  court  influence  upon  every  eledlion  in  the  king- 
dom,   fhall    we    pafs  a    law,    which   will   enable  a 
minifter  to  diftrefs  every  man  in  the  kingdom,  who 
fhall  dare  to   difobey    his  orders   at    any  eledtion  ?  I 
fay,  Sir,    every  man  in    the  kingdom  ;  for  this   law 
will  enable  a  minifter  to  diftrefs   not   only  our  fea- 
men,  but  e^oery  man  in  the  kingdom  that  has  a  houfe 
over  his   head.     Such    a  law  as    thi5    will   have   a 
moft  fatal  cffed   upon  the  freedom  of  our  eledions, 
not  only  with  regard   to   all  fuch   as  are,  or   have, 
ever  been  at  fea,  or  in  any  bufinefs  upon  the  water, 
but  with  regard  to  every  ether  man  in  the  kingdom, 
that    happens    to    be   a    houfe- keeper.     Qujet    and 
fecurity  at  home,  is  an  advantage   which  every  man 
muft  defire,    and    confequenily    being  difturbed   by 
unwelcome   guefts,     or   at  unfeafonable  hours,    is  a 
danger  every  man  muft  dread.     By  this  law  you  are 
to  put  it  in  the  power  of  a  minijier  to  difturb    any 
toufe-keeper   in  the    kingdom  as    often,  and  at  fuch 
hours  as  he  thinks  fit ;  and  confequently  every  houfe- 
keeper  in  the  kingdom   muft  be  under  a  continual 

terror 


Chap.  II.       D  I  S  C^J  I  S  I  T I  O  N  S.  329 

terror  of   doing    any  thing    that    may  provoke  the 
minifter    to  niake    ufc    of  this    power  againft  him. 
The  interpofition  of  an  information    upon  oath^    will 
be  no  reftraint  upon  this  power  ;  becaufe  minifters  are 
generally  well  provided  with  informers    of  all  kinds, 
and  the  more  wicked   and   oppreffive   a  minifter  is, 
the  more  of  thfefe  vermin  he  always  has  about    him, 
and  the  more  profligate  they  are.     In  my  opinion  it 
will  be  fo  far  from  diminifhing,  that  it  will  increafe 
the  danger  of  this  claufe,  becauie  juftices  are  to  be  not 
only  empowered,  but  required  to  grant  their  warrant, 
and  conftables  zvc  obliged  to  execute  the  warrant  of  the 
juftices.     If  you  leave  it  as  it  ftands  at  prefent,    the 
execution  of  the  law  muft  be  regulated,   or  at  leaft  it 
ought,  I  think,  to  be  regulated  by  the  prefent  prac- 
tice in    the  cafe   of    vagrants.     When   the  juftices 
grant  their  warrant  for  a  general  fearch  after  vagrants 
and  other  idle  and  difordcrly  perfons,  the  conftables 
are  not  to  fffcarch  every  houfe  in  the  diftrid: ;    they  are 
to  fearch  no  where  but  iii  night  houfes,  or  houfes  of 
ill  repute  ;  and  if  they  fhould  difturb  houfes  of  good 
character,  by  virtue  of  fuch  a  warrant,  they  might  be 
profecuted,  and  would  be  punilhed  ;  and  therefore  as 
this   law   now    ftands,  the  conftables  could,   in  my 
opinion,  fearch   no  where  but  in  houfes  reputed   to 
be   harbourers  of  abfconding  feamen.     This,  I  fay, 
is  my  opinion,    but  if  the    claufe  fliould  be  pafled 
into  a  law,  I  ftiall  not  fay  that  my  opinion   would 
be  afked  or  followed  ;    and  therefore  I  do  not  think 
we  fliould  agree  to  a  law,    which  by  too  extenfive 
an  interpretation  might  be  made  of  the  moft  dan- 
gerous  confcquence    both  to    the   liberties    of  our 
country,  and  to  the  property  of  every  fubjedt.     But, 
Vol.  I,  U  u  Sir, 


330  POLITICAL  Book  V. 

Sir,  if  you  rpake  the  amendment  propofed;  if  you 
require  the  juftice   to  grant   his   warrant  upon   the 
oath  of  any  informer,  you  will  make   the   evil   con- 
fcqucnces  of  this  law  certain  and  unavoidable.  The 
jurtice  mujl  then  grant  his   warrant,  and  the  houfe 
rnuft  be  fearched,  let  the  charader  of  the  houfe  be 
ever  fo  good^  let    the   charader   of  the  informer  be 
ever  fo  had^     This,  Sir,  is  more  than  is  done  even 
in  the  cafe  q{ felony  ;  a  juftice  is  empowered  to  grant 
his  warrant  to  fearch  a  houfe  upon  information  on 
oath,    that   there   is   caufe    to  fufpedt   ftolen   goods 
being  concealed  in  that  houfe  ;  but  he  is  not  required 
fo  to  do.     He  may,  and    ought    to  rcfufe  granting 
his  warrant,  if  the  informer   be  a  mean   perfon,  or 
one  of  a  bad  charader  j  and  if,  upon   fearching,  no 
fuch  goods  be  found,  the  informer  would   be  made 
anfwerable  for  all  damages  fuftained  by  fuch  fearch. 
Nay  the  jujlice  himfelf  would  be  made  anfwerable, 
ifitfhould  appear  that  he  had  granted *his  warrant 
upon  the  information    of  an    infufficient   perfon.     I 
therefore  wifli.  Sir,  that   the   honourable  gentlemen 
employed   in  drawing  up   this    bill  had   confidered 
a  little  better  the  conftitution  and   the    laws  of  their 
country  ;  for  from  the   bill,  as   it  ftands  at  prefent^ 
the  people  without  doors  will  be  apt  to  imagine  they 
have  very   little   regard  to  the    liberties,  the  proper- 
ties, or  the  eafe   of  the  fubjed,  provided  they   can 
but  increafe  the  power  and  influence  of  the  crown." 
—Afterwards  he   adds   what  follows  ^ — *  Upon  this 
fubjed.    Sir,    I   cannot    pafs,    unobferved,    the   late 
famous  gin-ad.     By  the  eftabliflied  law  of  the  land, 
before  that  adl  was  paffed   or  thought  of,  no  perfon 
could   fell  beer,  ale,    or  fpiritous   liquors,  by   retail, 
without  a  licence  from  the  juflices  of  peace.     The 

juftices 


Chap.  II.         DISQUISITIONS,  331 

juftices  had  a  power  to  refufe  their  licence,  or  to 
recall  it,  when  they  pleafed  ;  and  if  any  one  fold 
fuch  Hquors  without  a  licence,  he  was  by  law  made 
liable  to  fevere  penalties.  Bcfides  this,  there  were 
fevere  laws  againft  all  fuch  as  allowed  drunkenefs 
or  tippling  in  their  houfes ;  and  moreover  there 
were  feveral  of  our  gin  (hops  that,  might,  I  believe, 
have  been  indicted  as  a  public  nuifance.  ^^  a 
negleft  of  all  thefe  remedies,  tippling  and  drunken-^ 
nefs  In  gin-(hops  and  ale-houfes,  came  to  a  mon- 
ftrous  height,  and  was  generally  complained  of, 
and  often  prefented  by  our  grand  inqueft  without 
any  redrefs,  becaufe  our  juftices  of  peace,  who  are 
entirely  under  the  dire^iion  of  our  mini/ters,  would 
not  put  the  laws  in  execution  againft  thefe  enormi- 
ties. At  laft,  when  the  people  were  worked  up  to 
a  fufficient  rage  againft  thefe  enormities  we  were 
told,  that  the  laws  in  being  were  not  fufficient  for 
preventing  them  ;  and  though  every  one  that  under- 
ftood  the  law,  knew  the  contrary,  we  were  pre-f 
vailed  on  to  agree  to  a  new  law,  by  which  a  very 
great  addition  was  made  to  the  civil  lift  revenue^ 
and  every  vintner,  inn-keeper,  ale-houfe-keeper,  vic- 
tualler, coffec-houfe,  and  brandy-fliop  in  the  king- 
dom, brought  under  a  moft  flavifti  dependence  upon 
our  juftices  of  the  peace  and  comm'^jftoners  of  excif:^. 
That  thefe  were  the  effedis  of  the  gin-adt  muft  be 
apparent.  Sir,  to  every  one  who  confiders  that  the 
great  increafe  of  the  civil  lift  revenue  pretended  io 
arife  from  its  (hare  of  the  duties  upon  fpirituous 
liquors,  was  owing  to  the  enorrnities  complained 
of,  which  were,  perhaps,  for  that  very  reaion  in-? 
dulged;  and  for  the  fame  reafon,  perhaps,  it  was 
pretended,  that  np  flop    could   be  put  to  them  by 

the 


332  POLITICAL  BookV. 

the  laws  in  being,  becaufe  if  a  flop  had  been  put  to 
them  that  way,  the  increafe,  which  had  arifen  to  the 
civil  lift  revenue  by  indulging  thofe  enormities,  would 
have  been  annihilated   without  any  recompence  from 
the  aggregate  fund.     And  if  we  confider  the  necef- 
fity  every  keeper  of  a  public  houfe  is  under  of  felling 
fpirituous  liquors  in  fmall  quantities  to  his  cuftomers, 
the  high  penalties  he  is,  by  that  ad,  fubjeded  to,  if 
he  does  fo,  and  the  power  given  to  the  commijjtoners 
of  excii'e  and  juliices  of  the  peace,  to    mitigate  thofe 
penalties  ;  we  may  fee,  that  the  keeper  of  every  pub- 
lic houfe  muft  be  under  a  flavifli  dependence  upon 
our  commiffioners  of  excife  and  juftices  of  the  peace, 
and  confequently  that    he  muft  expedt  to  be  ruined, 
fhould   he   give  his   vote  againft  a   ^<?«r^candidate. , 
Thus  we  may  fee,  Sir,  that  from  all  the   inconveni- 
encies  that  arofe  either  from  a  deficiency  in  our  laws 
or  from  a  negled:  in  the  execution   of  them,  an  ad- 
vantage is  taken  for  introducing  fome  new  regulation, 
by  which  ihtpouDer  and  influence  of  iht  crown  m2Ly 
be  increajed.     This   has  fo  conftantly,    in   all    ages, 
been  the  pradice  of  our  minifters,    that  one  may 
from  thence  conclude,  that  evtry  man,  as  foon  as  he 
becomes  a  minijler,  or  as  he  calls  himfelf,  a  fervant  of 
the  crown,  begins  to  think  himfelf  in  duty  bound  to 
ufe  every  art  he  can  think  of  for  dejlroying  the  liber-' 
ties   of  the  fubjedt.     This,    I  fay,    feems    to   have 
been  the  way  of  thinking    among   minifters   in   all 
ages,  and  I  am  fure  in  no  age  more  apparently  than 
in   this.     Shall   we  then    upon    this,    or   any  other 
pccafion,  throw  afide  our  jealoufies  and  fears  ?  Shall 
we  put  a  truft  in  thofe,  who  by  their  pradices  have 
given  ys  fo  good  reafon  to  be  convinced  of  their 

having 


Chap.  II.        DISQUISITIONS.  333 

having  a  defign  to  betray  us  ?    If  we  are  under  any 
prefent  inconvenience,  if  we  are  under  prefent  diffi- 
culties with  regard  to  the  manning  of  omi:  feet,  let  us 
examine  whether  they  proceed  frorn  the  negled   or 
mifcondud  of  thofe  concerned  in  the  executive  part 
of  our  government,  or  from   any  real  defedl  in  our 
conftitution.     If  from  the  former,  let  \xs  remove  ihoiQ 
who  have  run   us  into  fuch  difficulties  ;  and  if  frorn 
the  latter,  let  us  confider  our  confiitution^  and  apply 
thofe  remedies  that  are  moft  confident  with  its  lecu- 
rity  and  prefervation ;  but  let  us  not  plunge  into  the 
pit,  which  our  enemies  have  dug  for  us  on  one  hand, 
for  fear  of  tumbling   over    the   imaginary  precipice 
which  they  frighten  us  with  on  the  other.     I  am  far 
from  thinking  we  can  be  under  any  difficulty  in  man- 
ning all  the  ffiips  we  have  occafion  for  in  the  prefent 
war;  but  fuppofe  we  were,  there  are  many  other  re- 
medies, befides   that  now    propofed.' — This   remedy 
now  under  our  confideration  is   the  very  word  that 
could  be  thought  of.     It  is  publlffiing  our  diftrefs  to 
the  world,  and  giving   our  enemies  a  juft  cnufe    to 
triumph  over   us.     If  the  French  or  Spaniards  owed 
us  a  grudge,  they  could   in    no  way  fo  efFedually 
punifli  us,  as  by  forcing  us  to  deliroy  our  conHitution^ 
and  give  up  our  liberties^  for  the  lake  of   defending 
ourfelves    againft    them.       Our   paffing  fuch   a    bill 
would  give  great  joy  to  every  Frenchman  or  Spaniard 
that  underftands. any  thing    of  our  conftitution;  and 
as  I  am  againft  making  a  holiday  either  in  France  or 
Spain,  I  muft  be  againft  agreeing  to  this  claufe^. 

yf.  D.  1 74 1,  the  houfe  proceeded  to   the  hearing 
the  merits  of  the  Denbighjhire  eledion,  and,  the  coun- 

fel 


a  Deb.  Com.  xii.  418' 


334  POLITICAL  BookV. 

fel  on  both  fides  being  withdrawn,  William  Middle^ 
ion,  Efq;  high-fherifF  of  the   faid  county  at  the  laft 
eledion,  was  called  in  and   heard,    and  being  with- 
drawn, it  was  refolved,  that  the  majority  of  the  votes 
upon  the  poll  was  for  the  petitioner,  Sir  Watkin  WiU 
Hams  Wynney  bart.  and  was  fo  declared  by  the  high- 
fherifFat  the  clofe  of  the  poll,  and  no  alteration  was 
made  in  the  faid  poll,  until  after  the  high-flierifF  had 
made  the  return.     Alfo  that  John  Middleton,    Elq; 
was  not  duly  returned,  and  that  Sir  Watkin  Williams 
Wynne,  bart.  ought  to  have  been    a  knight  of  the 
fhire  for  the  faid  county,  and  the   clerk  of  the  crown 
was  ordered  to  amend  the  faid  return.     Then  it  was 
further  refolved,    that  William  Middleton,  Efq;  high 
flieriff  of  the  county  of  Denbigh,  at  the  laft  eledion 
for  a  knight  of  the  fhire,  having  taken  upon  himfelf 
to  return  John  Middleton,  Efq;  contrary  to  the  majo^ 
rity  of  votes  received  by  him   upon  the  poll,  and  to 
his  own  declaration  of  the  numbers  at   the  clofe  of 
the  poll,  without  any  public  fubfequent  examination 
into  the  rights  of  the   voters  previous  to  fuch  return, 
and  having  afterwards  prcfumed  to  alter  the  faid  poll 
in  order  to  give  colour  to  fuch  return,  has  adled  par- 
tially,   arbitrarily  and   illegally,    in  defiance  of  the 
laws,  in  manifeft  violation  of  the  rights  of  the  free- 
holders of  the  faid  county,  and  in  breach  of  the  pri^ 
vilege  of  the  houfe ;    and    that   he  be   for   his  faid 
offence  committed  prifoner  to  Newgate,     The  houfe 
alfo  voted  an  addrefs  to  his  majefty  to  remove   the 
faid   William  Middleton  from  being  receiver  general 
of  the  land- revenue    in  North  Wales,  and  alfo  from 
being  one  of  his  majefty 's  juftices  of  the  peace  for  the 
counties  oi  Denbigh  and  Flint  ^. 

h% 

a  DiB.  Com.  xiii.  133. 


Chap.  IL        DISQUISITIONS.  335 

As  the  eledion  iovWeJlminfter,  A.D.  1 741,  makes 
a  confiderable  article  iu  the  bufinefs  of  this  fefllon,  it 
may  be  proper  to  obferve,  that  a  great  difturbance 
having  enfufed  about  taking  the  poll  j  a  party  of  foot 
foldiers  were  fent  for  by  order  of  three  of  the  juftices 
of  peace.  Thefe  proceedings  gave  rife  to  the  follow-? 
ing  remarkable  prefentment  of  the  grand  jury  of 
Middle/ex  to  the  court  of  king's  bench  on  the  17th  of 
June  following. 

Middle  [ex.  *  We,  the  grand  jury  of  and  for  the 
body  of  the  county  of  Middlefex,  do  apprehend,  that 
among  the  many  enormities  and  offences  committed 
againft  the  public,  none  dcferve  our  obfervation  and 
cenfure  more  than  thofe  which  tend  to  the  fubverfion 
of  the  ancient  rights  of  the  people  to  a  free  eledion 
of  their  reprefentatives  in  parliament,  in  whom  they 
repofe  their  undoubted  fhare  in  the  government  as 
well  as  conflitute  them  guardians  of  their  liberties 
and  properties.  For  we  cannot  but  apprehend^  that 
whenever  the  people  fhall  lofe  the  right  of  eledion^ 
or,  which  is  the  fame  thing,  the  freedom  of  eledion, 
and  (hall  be  obliged  to  chufe  their  reprefentatives, 
under  the  awe^  dreads  or  influence  of  any  otker  power, 
there  muft  be  an  end  of  parliaments,  or  at  leaft  of 
the  people's  intereft  and  (hare  therein.  Wherefore, 
being  fworn  to  enquire  for  our  fovereign  lord  the 
king,  and  the  body  of  this  county,  we  upon  our 
oaths  prefent.  That  on  Friday  the  8th  day  of  May 
laft,  while  the  eledion  for  members  of  parliament 
for  the  city  and  liberty  o^  Weftminjler  was  depending, 
and  before  the  declaration  thereof  was  made,  a  body 
of  foot  guards  or  foldiers,  to  the  number  of  fifty  or 
upwards,  headed  by  officers,  did  in  the  afternoon, 
in  a  military  manner,  march  up  near  the  place  of 

polling. 


336  POLITICAL  Book  V^ 

polling,  which  practice  may  be  of  the  mo^  dangerous 
confequenceto  the  liberties  of  the  people,  as  contrary 
to  law,  and  2i  rejiraint^on  ih^  freedom  of  elediions. 
We,  therefore  being  affeBed  and  alarmed  with  a 
due  fenfe  and  dread  of  fo  daring  a  violation  and  in- 
fult  on  our  freedom  and  liberties,  ahd  the  dangerous 
confequence  of  military  power  exercifed  in  civil 
affairs,  do  recommend  it  to  this  honourable  court 'to 
give  fuch  order  and  diredlion  for  preventing  and  dif- 
couraging  the  like  heinous  offences  for  the  future,  as 
they  (hall  judge  moft  proper  and  convenient  a/ 

A>T).  17545  four  members  for  Oxfordjhire  were  re- 
turned by  the  fheriff,  inftead  of  too.  Therefore  there 
was  no  fitting  member  for  the  county  ^  Any  member 
might  have  moved  the  houfe  upon  this  the  very  firil 
day  of  the  feffion  *,  and  the  Iheriff  might  have  been 
ordered  to  attend,  and  give  an  account  of  his  proceed- 
ing. However,  no  notice  was  taken  till  November  i8  : 
So  that  the  houfe  was  not  legally  fuch  till  the  county 
of  Oxford  w^s  reprefented,  though  it  met  on  the  14th, 
and  did  bufinefs.  All  the  four  candidates  petitioned, 
vizi  lord  Parker  (now  earl  of  Macclesfield)  and  Sir 
Edward  Turner  on  the  court  fide  j  and  lord  Wenman 
and  Sir  'James  Dajhwood  on  that  of  the  oppofition. 
The  friends  of  the  two  former  moved,  that  the  matter 
of  the  petitions  fhould  be  heard  immediately;  but  thofe 
on  the  other  infifted,  that  the  merits  of  the  return 
ought  to  be  firft  heard  and  determined  <= ;  which  was 
certainly  reafonable.  They  therefore  moved  for  the 
previous  quefiion,  whether  the  queftion  upon  this 
motion  fliould  be  now  put.     Becaufe  if  the  privious 

queftion 


a  Dbb.  Com.  xiii.  14. 

\>  Aim,  Deb.  Com.  v.  153.  clbid.  153. 


Chap.  IL         DISQUISITIONS*  337 

queftion  had  been  carried  in  the  negative,  they  would 
have  had  an  opportunity  to  move  for  appointing  a  fhort 
day  to  confider  of  the  return^  and  for  ordering  the 
high  (heriff  to  attend.      But  this  the  court  party  were 
againft,  and  carried  their  point,    that  the  matter  of 
the  petition  (hould  be  heard  on  the  3d  of  December 
following.    Afterwards  it  was  moved  by  the  oppofiiion, 
that  the  high  fheriffftiould  attend  on  the  day  of  hear- 
ing.      But  this  was   carried    in    the    negative  a.     It 
appeared,  that  the  (heriff  had   given  a    very  unfair 
advantage  to  the  court  gentlemen,    by  allowing  them 
lo  make  their  objedions  to  all  the  voters  through  the 
whole  poll,  before  the  oppoiition-gendemen   fhould 
objed  to  one  individual  5  of  which  it  was  impofTible 
to  go  through  half  before  the  end  of  the  month,  when 
the  writ  was  returnable  b.  The  latter  therefore  infilled, 
that   they  were  fairly   eleded,    becaufe  they  had  an 
acknowleged  majority,   which  could  not  be  fct  afide 
by  fuch  an  unfinifhed   fcrutiny,    in  which   fcrutiny, 
belides,   they  had  not  had  an  equal  chance.     It  v^as 
therefore  incumbent  on  the  court-gentlemen's  counfel 
to  endeavour  to  overthrow  the   majority  claimed  by 
their  antagonifts.     It   was  carried,  that   the    oppofi- 
tion-couniel  fliould  proceed  to  (hew  the  general  merits 
bf  their  caufe.     They  did  fo,   and  propofed   to  dif- 
qualify  no  lefs  than  540  voters  for  the  court-gentlemen* 
Then  witnefTes  were   examined  for  proving  the  par- 
tiality of  the  (hcrift,    and  for    *  proving  lord  Parker 
and  Sir  Edward  Turner,  and  their  agents,  guilty  of 
bribery  5   for  which  purpofc,  they  likewife  produced 
letters,  which  they  proved  to  be  the  hand-writing  of 
the  faid  two  gendemen  ^Z     Nine  days  were  fpent  in 
Vol.  I.  X  X  proving 


a  JImiDEB,  Com.  v,  154.        b  IbJd.  156*        c  Ibid.  157. 


338  POLITICAL  Book  V. 

proving  voters  on  the  court-fide  difqualified.  Lord 
Parker  and  Sir  Edward  Jtmier  anfwercd  objedions 
againftthe  flierifF,  and  endeavoured  to  clear  themfelves 
of  the  accufation  of  bribery,  which.they  retorted  upon- 
their  antagonifts.  They  fpent  ten  days  in  endeavouring 
to  clear  their  voters.  Then  they  propofed  to  fetafide 
522  of  the  oppofite  voters,  in  which  they  fpent  eleven 
days.  Then  the  oppofition-counfel  fpent  nine  days  in 
their  reply.  Many  feparate  queflions  were  debated, 
moft,  if  not  all,  of  which  were  determined  by  a  great 
majority  in  favour  of  lord  Parker  and  Sir  Edward 
burner,*  the  court-gentlemen  a.  A  motion  was  made 
by  the  oppofition.  That  all  copyholders,  holding  by 
court-roll,  and  not  at  the  will  of  the  lord, -have  right 
of  voting  for  county- members.  This  motion  was 
made  on  purpofe  to  have  a  negative  put  upon  it ;  but 
it  was  fet  afide  by  the  previous  queftion.  Lord  Parker 
and  Sir  Edward  Turner  were  declared  duly  elefted  ^. 

It  is  a  common  trick  of  our  minifters  to  put  a  mul- 
titude of  perfons  upon  taking  up  their  freedom  in 
boroughs  and  cities  before  an  eledion,  with  a  view  to 
their  votes,  every  one  of  which  may  be  fuppofed  to  be 
bought.  Corporations  have  fometimes  manfully  re- 
fufed  to  grant  freedoms  for  fuch  purpofes  3  as  that  of 
G/(?r^^9^^r  did  about  1767.  I  took  this  fadt  from  a 
Magazine,  but  have  not  quoted  it  rightly. 

The  number  of  petitions  complaining  of  undue 
ekaions  and  returns  was  fo  great  in  the  firft  feflions 
of  the  prefent  parliament,  that  the  houfe  of  commons 
muft  have  employed  one  long  feffion  only  in  fettling 
controverted  eledions,  without  bringing  in  any  one 
bill,  public  or  private.     Therefore  they  thought  it 

necef- 


SL  Jim,  Deb,   Com.  v.  158,  b  Ibid,    159, 


Chap.  II.         D  IS  QUI  S  I T  10 N S.  339? 

neceflary  to  put  off  all  thofe  petitions  to  next  feflion. 
How  many  gentlemen  may  be  fuppofed  to  have  fat  and 
voted  during  that  feflion,  who  had  no  right  to  be  there, 
and  whofe  illegal  votes  did  in  fadl  render  the  acls 
made  in  that  feflion  null  and  void.  See  the  Magazines, 
&c.  of  the  times. 

Could  a  more  folcmn  farce  be  adcd,  than  that  of  a 
certain  A,  D.  which  (hall  be  namelefs,  when  the  magi- 
flrates  of  a  certain  famous  city  were  gravely  repri- 
manded by  the  fpeaker  of  the  houfe  of  commons, 
becaufe  they  had  propofed  to  their  then  prefent  mem- 
bers to  re-eled  them,  if  they  would  advance  a  fum, 
not  to  be  funk  \n  prroate  pockets,  but  toward  relieving 
the  city  from  fome  of  its  debts  ?  How  the  fpeaker  could 
help  laughing  in  the  midft  of  his  fpeech,  when  he 
refleded,  that  at  lead  two-thirds  of  the  houfe  had 
obtained  their  feats  by  more  corrupt  means,  is  not  eafy 
to  underftand.  1  fliould  have  been  (Irongly  tempted, 
had  I  been  one  of  thofe  reprimanded  citizens,  to  anfwer 
his  reprimand  as  follows  :  *  None  of  your  grimaces, 
pray  good  Mr.  fpeaker.  You  have  caught  us,  and  you 
have  pounded  us,  and  there  is  an  end  of  the  matter. 
But  look  around  you,  and  think  what  lungs  you  muft 
have  to  reprimand  all  who  have  given  and  received 
money  for  /eats  and  votes  in  this  houle/ 

There  is  nothing  new  under  the  fun.  There  was  a 
conteiled  eledion  between  Mr,  ^reitchard  and  Mr. 
Bertie  in  Charles  ll's  penfioned  parliament.  It  was 
carried  for  Bertie,  Lord  0' Brian,  a  relation  of  the 
lord  treafurers,  went  to  him  in  triumph  with  the 
news,  and  told  him,  they  had  fairly  voted  13  more 
than  21a.  So  in  the  late  Midd!efex  elcdtion  the  com- 
mons 


a  State  Tracts,  time  of  king /f7///tf.w,  ii.  476. 


34^  POLITICAL  Book  V. 

mens  fairjy  voted  296  more  than  1143.  It  is  true, 
that  Mr.  Wilkes  was  known  to  have  no  r^^/ qualifi- 
cation. For  there  was  at  that  very  time  a  fubfcription 
carrying  on,  to  enable  him  to  pay  his  debts.  And 
(to  fay  nothing  of  any  objedions  againft  that  gentle- 
man's chara5ier  rendering  him  unfit  to  be  a  legiflar- 
tor)  it  was  certainly  not  in  character  for  perfons  af- 
iuming  to  be  the  ajfertors  of  the  conftitution,  to  do  fo 
tinco?iJiitutional  2i  thing,  as  promoting  an  unqualified 
perlon's  eledion  into  parliament.  At  the  fame  time, 
this  does  not  juftify  the  commons  in  their  proceeding 
on  that  occafion;  upon  which  1  will  add  here,  as  a 
comment,  the  fubftance  of  a  prote,^  by  feveral  lords, 
as  follows  °3 

That  the  proceeding  of  the  houfe  of  commons  on 
thai:  occafion  was  unconftitutional.  That  the  houfe 
ought  not  to  make  law  concerning  eledions  9  but  on- 
ly to  declare  it  as  it  is  already  made.  That  eledion 
is  in  the  hands  of  the  conjiitiientsy  not  of  the  houfe. 
That  otherwife  the  houfe  may  come  to  h^Jelf- created, 
and  the  ccnfiituents  thrown  out  of  all  power.  That 
there  is  no  precedent  for  making  expulfion  imply  in- 
capacitation. Walpole  was  re-eledled  by  the  people, 
after  he  was  expelled  by  the  houfe,  which  (hews  the 
itrA^  of  the  people  to  be,  that  expulfion  does  not  in- 
capacitate ;  but  only  gives  the  people  leave  to  re-eled 
the  expelled  pcrfon,  if  they  plcafe.  That  according 
to  this  way  of  proceeding,  eledors  may  hereafter  be 
obliged  to  chufe  only  court-tools,  or  not  chufe  at  all, 
if  the  houfe  may  expel  and  incapacitate  arbitraily. 
That  if  the  houfe  have,  in  their  own  breaft,  the 
power  of  expulfion  and  incapacitation,  they  may,  in 
corrupt  times,  expel  and  incapacitate  every /6^/^^  man. 
That  the  houfe  of /^-.^rj,  though  they  ought  not  to 
interfere  in  the  proper  and  exelufive  bufinefs  of  the 

other 


Chap.  II.        DISQUISITIONS.  341 

other  houfe,  yet  mufl  interfere,  when  they  fee  defigns 
carrying  on,  for  overturning  the  whole  parliaments 
For  the  peers  cannot  make  a  parliament  without  a  /<?- 
gal  houfe  of  commons ^  any  more  than  without  a  legal 
prince.  That  filence  in  fuch  a  cafe  would  be  appro- 
bation. That  the  peers  are  truftees  for  the  people, 
and  muft  be  faithful,  elfe  the  people  are  left  at  the 
mercy  of  the  houfe  of  commons,  without  relief  from 
the  other  houfe.  That  the  peers  are  the  ancient  con- 
flitutional  counfellors  of  the  crown,  and  muft  give 
the  king  good  counfcl,  even  again  ft  the  houfe  of 
commons,  if  that  houfe  ads  wrong.  The  lords  con- 
clude with  the  following  words. 

*  And  here  we  folemnly  pledge  ourfelves  to  the 
public,  that  we  will  perfevere  in  availing  ouriclves, 
as  far  as  m  us  lies,  of  every  right,  and  of  every 
power,  with  which  the  conrftitation  has  armed  u?,  for 
the  good  of  the  whole,  in  order  to  obtain  fall  relief 
for  the  injured  eledors  of  Great-Britain,  and  fccurity 
for  the  future,  againft  the  moft  dangerous  ufurpation 
upon  the  rights  of  the  people,  which,  by  flipping  the 
fundamental  principles  of  this  government,  threatens 
its  total  diilblution.' 

The  affair  appeared  to  the  oppofition  in  the  houfe 
of  commons  fo  ^r^i,  that  ihty  rofe  as  one  man,  and 
left  the  houfe  ^, 

*  At  this  period  it  may  be  faid  the  houfe  of  com- 
mons arrived  at  the  height  of  defpotifm.  They  fet 
themfelves  in  the  place  of  the  v^hole  legiilature,  and 
dared  by  a  refolution  to  determine  the  right  of  the 
fubjed  contrary  to  the  known  laws  of  the  land,  and 
the  liberty  and  property  of  every  fubjed  in  it.  It  is 
agreed,   that  every  fociety  has  a  right  to  determine  on 

its 

a  Aim,  Deb.  Com,  vii  i.  i8(;. 


342  POLITICAL  Book  V. 

its  own  members;  but  it  muft  be  a  fociety  of  that 
nature,  which  by  mutual  agreement,  conHitutes  it* 
felf:  but  if  fuch  fociety  derives  its  right  from  the  de- 
putation oi  others,  to  determine  the  rights  of  their 
own  members,  would  be  to  determine  the  right  of  the 
conjiituents,  which  no  body  of  deputies  can  do;  nor 
can  a  fociety  framed  by  the  inherent  right  of  each  in- 
dividual, be  a  judge  of  its  own  members:  a  bifhop, 
for  inftance,  or  a  lord  of  parliament,  cannot  have  his 
right  of  voting  in  the  houfe  of  peers  taken  away  by  a 
vote  of  the  houfe  of  peers :  a  judge  by  a  vote  of  the 
other  judges,  or  a  juftice  of  peace  by  a  vote  of  the 
bench  of  juftices  at  a  quarter  feffions. — If  the  right 
of  a  member  of  any  fociety  is  therefore  inherent,  or 
deputed,  ihQjbciety,  of  which  he  is  a  member,  has 
r/o  right  to  ejed  him  from  fuch  fociety,  for  a  longer 
time  than  till  the  opinion  of  thofe  whofe  reprefenta- 
tive  he  is,  can  judge  whether  the  crime  for  which  he 
is  cjeded  is  of  that  nature  to  difqualify  him  from 
fuch  fer vice  a/ 

A.  D.  lyyiy  it  was  found,  and  reprefented  to  the 
houfe  of  commons,  that  a  majority  of  the  freemen  of 
the  town  of  Shoreham  in  Kent  had  formed  themfelves 
into  a  club,  which  they  profanely  called  the  Chriftian 
Club.  That  the  members  of  this  club  had  entered 
into  bonds  to  Hand  by  one  another  at  ail  eledions, 
and  to  make  the  moil  lucrative  bargains  they  could 
with  candidates  b.  That  they  took  the  bribery-oath 
without  hefitation,  and  after  the  eledion  was  over, 
they  received  every  man  his  penny,  which  the  iuccefs- 
ful  candidate  paid  to  acommitteeof  the  club  who  did 
not  vote,  nor  take  the  bribery- oath.  So  they  pre- 
tended 


a  Aim.  Deb.  Com.  viii.  133.  b  Ibid.  ix.  106,  113. 


Chap.  II.  DISQUISITIONS.  343 

tended  to  defeat  damnation.     The  members  of  this 
club  were  disfranchifed  by  parliament^. 

In  this  month  oi  November ^  ^773»  '^^^  ^^%  gave 
up  the  conteft  for  Worcejier,  publicly  declaring,  that 
the  expence  was  fo  great,  he  could  not  pretend  to  keep 
pace  with  his  antagonift,  though  poflefled  of  a  large 
fortune.  According  to  the  conjlitutioriy  and  laws, 
tvcvy  Jhilling  laid  out  towards  gaining  an  eledlion  is. 
criminal ;  according  to  the  praBice  of  the  times,  a 
gentleman  of  ample  fortune  muft  lay  out  more  than 
he  can  afford  (without  beggaring  his  family  to  be 
eleded  ;  that  is,  in  order  to  have  a  feat  among  the 
legijlators^  a  man  muft  do  the  moft  lawlefs  thing  any 
fubject  can  do;  or,  in  other  words,  a  candidate  en- 
deavours to  obtain  favour  with  his  conftituents  by 
(hewing  them,  that  he  is  capable  of  'violati7tg  the 
lawSy  and  dejlroytng  the  conjiitution^  before  he  has  an 
opportunity  of  convincing  them,  that  he  is  qualified, 
by  abilities  and  difpofition,  for  makifig  laws,  ^nd /up- 
porting  the  conftitution  b, 

*  Minifters  of  flate*  (fays  Sir  William  Wyndhamy  in 
the  debate  on  the  repeal  of  the  feptennial  adl,  A.  £>• 
1734)  •  know  well  how  unequal  the  contention  is 
between  a  country  gentleman  who  has  nothing  but 
his  own  ejiate  (greatly  exhaufted  by  ^the  many  taxes 
he  pays)  to  depend  upon,  and  minifterkl  eledtion- 
mongers  fupplied  by  gentlemen  in  office,  v/ho  have 
for  feven  years  been  heaping  up  money  for  that  pur- 
pofe,  or  perhaps  have  been  fupplied  even  by  the 
public  treafure  of  the  nation  ;  and  the  fooner  this 
contention    begins,     the-  greater    difadvantage    the 

country 


z,  Aim,   Deb.  Com.  ix.  148. 

b  See  the  News  papers  of  Nov*  I773< 


344  POLITICAL  Book  V. 

country  gentleman  labours  under,  the  more  time 
thofe  tools  of  corruption  have  to  pracflife  upon  the 
eledors,  and  to  difcover  where  that  money  may  be 
placed  to  the  beft  advantage,  which  is  offered  for 
corrupting  the  people  and  overturning  the  conftitu- 
tion.  From  hence  it  is  obvious  who  have  been 
and  who  will  always  be  the  beginners  of  fuch  con- 
tentions a. 

Bohuns  Right  of  Election,  a  fmall  folio,  con-^ 
tains  little  befides  accounts  of  bribery  and  corruption 
at  eledions,  and  he  takes  in  only  laft  century,  when 
corruption  was  young.  All  the  while  the  court  has 
rot  the  ftiadow,  of  a  pretence  for  interfering  in  elec- 
tions. The  people  may  always  be  intrufted  with  the 
care  of  their  own  affairs  ;  and  whoever  endeavours  to 
influence  them  may  mif-lead  them  ;  but  certainly 
will  not  dire(ft  them  better,  than  they  will  direft 
themfelves.  There  was  an  inflance  in  the  eledtion, 
w^.  Z).  1681.  *  Many  places  followed  the  example  of 
hondo?2^  and  in  moft  places  the  electors  treated  the 
candidates,  inftead  of  the  common  contrary  cuftom, 
or  they  bore  their  own  charges  b/  There  was  like- 
wife  a  parliament  in  Mr.  Pelham\%  time,  which  was 
reckoned  to  have  been  eledted  in  a  very  free  manner. 
And  1  find  in  my  common-place- book  the  following, 
copied  from  fome  hiftory  of  the  times.  '  The  court 
did   not  meddle    in   the  eledion,    A,  D.  ,  yet 

there  was  a  very  good  parliament  chofen.'  I  have 
omitted  adding  my  authority. 


a  Deb.  Com.  VIII.  189.  b  bid.  11,  99. 


Chap.  III.     DISQUISITIONS.  345 


CHAP.     III. 

Hiatutes,  Refolutions,    &c.  agai?jjl  corrupt  proceedings 
at  Eledlions. 

THERE  have  been  various  laws  and  regulati- 
ons made  to  prevent,  and  punifli  corrupt  pro- 
ceedings at  eledlions.  So  early  as  the  time  of 
Edw.  II.  who  was  crowned  A.  D.  1307,  we  find  laws 
againft  foliciting  votes  and  eledions  \ 

See  7  Hen,  IV.  cap.  15.  *  The  manner  of  eledtion 
of  knights  af  (hires  for  parliament  ^.'  And  ^  *  the? 
penalty  on  a  flierifF  for  niaking  an  untrue  return  of 
the  eledtion  of  the  knights  of  parliament.*  *  It  was 
enadted'  (fays  Elfynge^,  fpeaking  of  this  ftatute)  *  at 
the  petition  of  the  commons,  that  proclamation  be 
firft  made  in  the  next  county-court,  after  the  flie- 
rifF hath  received  the  writ,  cf  eledtion  to  be  made, 
&c.  that  the  eleftion  be  in  full  county,  wherein 
they  fliall  proceed  freely  and  indijferentlyi  notvvith- 
ftanding  any  prayer^  or  commandment^  to  the  con- 
trary. And  four  years  afterwards  a  fine  of  100  /. 
was  laid  on  all  flierifFs  making  returns  contrary  to 
the  above  ftatute,  and  the  knight  fo  elected  to  lofe 
his  wages.  The  writ  of  return  to  be  figned  by  all 
the  voters/ 

By.  II  Hen^  IV.  cap.  i.  the  juftices  of  afllze  were 
to  make  enquiry  and  determine  concerning  irregular 
clcdlions  and  returns  3  and  to  punifli  flierifFs,  or  others 

offending. 
Vol.  I. Yj^ 

a  Art.  Clbr.  cap.  xiv.  Stat.  West,m.  cap.  v. 

•tat.  7.  Hen,    iv, 

b  Stat,  at  Large,    i.  438.  c  Ibid.  442. 

d  74.         Rapin,   u  498.  ^ 


346  POLITICAL  Book  V. 

ofFending;  And  by  6  Hen.  VJ,  cap.  4,  perfons  claim- 
ing to  have  been  duly  eleded,  and  iGberifFs,  pleading 
innocence,  may  traverfe  the  fentence,  and  have  trial, 
and  not  be  punifhable,  but  upon  regular  convidion  at 
common  law  «.  By  i  Hcn\  V.  cap.  i .  ^^  never  re- 
pealed, no  man  can  be  member  for  a  fliire,  city,  or 
borough,  unlefs  he  has  property  in  it,  and  unleis  it 
be  his  ufual  refidence.  According  to  thefe  ftatutes, 
net  one  member  in  twenty  ought  to  fit  in  the  houfe, 
who  have,  of  late  times,  had  feats  in  it.  We  fee 
every  day,  fome  old  law ^^j/;^/?  the /j^^/;/^  trumped  up.. 
Why  fhould  not  ihok  \nfavour  of  liberty  be  enforced  ? 

By  3  EduK  I.  cap.  5.  *  there  fhali  be  no  difturbance 
of  free  elections  ^*  Elections  here  are  not  to  be 
underftocd  of  eiedions  of  members  of  parliament  only. 

Though  eledions  for  parliament  are  the  chief,  and 
of  fuch  importance,  that  infringing  their  freedom  is 
ckne  an  irremediable  poifon  to  liberty^.  By  fundry 
flatutes  of  Hen,  VL  &g.  members  falfely  returned 
are  to  lofe  their  wages,  and  fheriffs'  making  falfe 
returns  are  fineable  ico  /.  ^ 

In  anticnt  times,  it  is  probable,  that  all  the  inhabi- 
tants of  counties  had  privilege  of  voting  for  members 
(in  thofe  times  almofl  any  body  might  fit  in.  parlia- 
ment in  his  own  right)  but  this  number  was  thought 
too  unwieldy.  Therefore,  in  the  beginning  of  7i^;/. 
VI.  the  right  of  voting  was  limited  to  landholders 
of  40  (hillings  per  ann.  and  10  Hen,N\.  it,  Vv^as 
determined  that  the  40  (liillings  fhould  be  freehold. 
A.  D.  1659,  under  the  commonwealth,  a  bill  was 
"  brought 


a  Stat,  at  Large,  i.  49^,  571.  b  Ibid,  ^[ 

c  Ibid.  4^.  d  Rapin,    i.   551. 

e  StaTc  AT  Large,   1504.   et  paff. 


Chap.  III.        DISQUISITIONS.  347 

brought  in,  by  which  any  perfon  giving  an  entertain- 
ment to  any  cledtor,  was  incapable  of  fitting  in  the 
houfe  a. 

The  famous  qualification -aa,  1659,  difqualifiep, 
among  others,  deifis,  blafphemers,  profaners  of  the 
Lord's  day,  profeflTed  curlers  and  fvvearers,  drunkards, 
and  thofe.  who  have  given  any  conditional  prornifs  or 
entertainment,  or  bribe  to  eledors,  with  heavy  penali- 
ty on  both  memi)er  and  eledor  ^. 

Reiblved,  A.  D.  1685,  that  no  mayor  can  duly 
return  himfelf  a  b!.irgefs,  to  ferve  in  parliament  for 
the  borough  of  which  he  is  mayor,  at  the  time  of  his 
eledionc. 

Relblutions  were  made,  A.  D.  1678,  againft  bri- 
bery at  eledion^  that  if  any  man  gives  viduals  above 
10/.  value,  after  the  tcHe  of  ihe  writ  of  eledion,  or 
after  a  place  becomes  vacant,  any  where  but  in  his 
own  houfe,  or  who  makes*  any  promife  or  declaration 
before  an  election,  it  ihall  be  punifhabie  as  bribery,^ 
the  eledtion  void,  and  the  candidate  incapable  of 
fitting  by  that  eledion.  To  be  a  flandingorder  of  the 
houfe  ^.  It  was  moved  to  have  enquiry  made  con- 
cerning penfions  charged  on  the  revenue  3  privy  feals 
iflTued  for  that  purpofe  fince  1677;  a  ted  concerning 
bribery  and.corruption  in  eledtions ;  or  to  carry  caufes 
or  bills  in  parliament  e. 

A.  D.  1679,  a  bill  was  brought  in,  that  when  a 
member  takes  a  place  of  profit,  a  new  writ  is  to  be 
ifiTued  f.     See  the  draught  of  a  bill  for  regulating  the 

abuf^^s 


a  Mace  aid.  II  1ST.  v.  314. 

b  Parl.  Hist.  XXII,  131. 

c  Deb.  Com.  ii.  172.  <3  Ibid.  i.  2S4. 

c  Ibid.  2  8Cv  -  f  'P-t-^p*  II'  70^^ 


3f8  POLITICAL  Book  V. 

abufcs  of  eledions,  which  was  twice  read,  and  com- 
jnitted,  by  the  commons,  j^pr.^^  ^^79^  ^"^  after- 
wards publiflied  S  forbidding  minors,  and  perfons  of 
no  property,  or  not  refident  for  a  year,  to  vote  for 
members ;  forbidding  all  manner  of  treating,  feafting, 
bribing,  promiffing,  &c.  on  penalty  of  heavy  fines, 
&c. 

Bill  to  regulate  eledions  paffed,  ^.  D.  1690,^ 
Bill  for  free  and  impartial  eledions  paffed,  ^.  D. 
1693.  c  A  bill  was  brought  in,  and  paffed,  ^.  D. 
1695,  for  voiding  all  eledions,  where  members  had 
been  at  any  expence  for  yiduals,  drink,  or  money, 
to  procure  votes.  '  It  was  very  ftridly  penned'  (fays 
Burnet  ^)  *  but  time  muft  (hew,  whether  any  evafions 
can  be  found  out  to  avoid  it.  Certainly,  if  it  has  the 
defired  effed,  it  would  prove  one  of  the  ie/i  laws 
tver  made  in  England  -,  for  abufes  in  eledions  were 
grown  to  mod  intolerable  ^xceffes,  which  threatened 
even  the  ruin  of  the  nation* 

An  ad  was  paffed,  A.  D.  1696,  by  which  all 
returns  were  to  be  made  according  to  the  laft  deter- 
nMnatibn  of  the  houfe  of  commons^.  The  famous 
bill  for  regulating  eledions  was  rejeded  the  fame 
year  by  the  king.  The  commons  were  offended. 
The  qucftion  was  put  *  That  thp  king's  advifers  were 
enemies  to  their  country/  Over-ruled  by  the  previous 
queftion  ;  but  the  firft  queilion  was  printed  in  the 
votes,  and  names  on  both  fides  ^. 

By  7  and  8  tVilL  III.  cap.  3,  it  is  enaded,  That 
candidates  alter  the  ted  of  the  writ,  or  after  a  place 

becomes 


a  Sommeri*%  Tracti,    i.    6i, 

b  Deb.  Com.  II.  381.  c  Ibid. 421. 

d  Hist.  OWN  TiMEi,    in.  222. 

•  7/W.  COKTiN.  I.  323.  fibid. 


Chap.  III.     DISQUISITIONS.  349 

becomes  vacant,  giving  or  pro7nifing  any  prefent^  or 
reward^  to  any  perfon  having  vote,  for  being  eledledj 
(hall  be  incapable  oiferving  in  parliamenta.  And  by 
the  fame,  cap.  7.  falfe  and  double  returns  are  prohi- 
bited on  penalty  b.  And  by  the  fame,  cap.  25,  many 
regulations  are  enaded  for  preventing  irregularities  at 
elcdtionsc.  And  by  10  and  i  j  Will.  III.  fundry  re- 
gulations are  enadled  relating  to  the  proceedings  of 
IherifFs,  and  to  returns,  &c.  ^ 

An  adl  was  made  7  WilL  againft  multiplying  voices 
to  vote  in  the  eledions  of  members  to  fervc  in  par- 
liament e  And  by  the  fame,  no  perfon  is  to  give 
money,  promife,  or  entertainment  to  a  voter,  after 
the  place  becomes  vacant,  on  pain  of  incapacitation. 
Falfe,  or  double  returns,  or  attempts  to  procure 
them  are,  punifliablc,  Unneceffary  delay  of  eledi- 
ons, adjournment  to  unufual,  or  inconvenient  places. 
Splitting  of  poffeffions,  to  multiply  votes.  A  mort- 
gagee, if  the  equity  of  redemption  is  in  another, 
fhall  not  be  qualified,  unlefs  the  mortgagee  has  been 
in  poffeflion  7  years  before  the  eledion.  Candidates 
refufing  to  take  the  oath  cancerning  their  qualifica- 
tion, are  to  avoid  their,  eledions.  By  the  fame  ad» 
fraudulent  conveyances,  in  order  to  multiply  votes  at 
eledions,  are  forbidden.  The  fame  by  10  AnnCy  cap. 
23.  f  The  fame  is  explained,  12  Anne ^  cap.  5.2 
And  1  2  Anne^  cap.  25.^  is  an  ad  for  making  perpetual 
that  of  7  IVilL  III.  againft  fraudulent  conveyances.  See 

9  Ann^ 


a  Stat,  at  Large,  mi  199.  bibid.  20T. 

c  Ibid.  234.  d  Ibid.  4.14. 

cDeb.  Com.  iv.  258. 

CStat.  at  Large,  17,483.  g  Ibid.  526. 

In  the  fame  page,  fee  an  aft  for  regulating  cleftionsin  Scotland, 
h  Ibid.  541. 


35^ 


POLITICAL  Book  IV. 


9  AnJie,  cap.  5,  an  afl  for  fecuring  the  freedom  of 
parliament,  by  further  qualifying  the  members  to  fit 
in  the  houfe  of  commons  ^  A  bill  was  brought  in 
^.  D.  171 1,  for  preventing  fraudulent  conveyances,  iri 
order  to  multiply  votes  ^.  An  adt  againft  fraudulent 
conveyances  for  multiplying  votes,  A.  D.  171 2,  vi'as 
pafied  by  the  Tories  c. 

The  qualification  for  county  members,  600/.  a 
year  clear,  for  boroughs  and  cities  300  /.  v^^as  fettled, 
^.  jD.  1710^.  (No  qualification  required  for  eldeft 
fons,  and  heirs  of  peers,  or  lords  of  parliament,  or 
heirs  of  gentlemen  of  600  /.  and  300  /.  a  year,  nor  for 
univerfity  members,  which  is  very  abfurd  ;  becaufe 
no  people  are  more  obnoxious  to  bribery,  than  heirs 
to  eftates,  before  they  come  into  pofleffion.)  The 
candidates  to  make  oath,  if  required  by  their  antago- 
nifts,  of  their  being  worth  fo  much  money  before 
eledion,  or  if  not  within  three  months  after,  to  be 
certified  in  chancery,  by  the  fheriff,  or  under-fheriiF, 
on  forfeiture  of  100/.  Candidates  refufing  the  oath 
at  eledion  time,  if  demanded,  to  void  thjir  eledion^ 
The  adl  was  blamed  on  feveral  accounts  -,  among 
others,  becaufe  it  excluded  traders  from  reprefenting 
the  trading  intereft. 

Inquiry  was  made,  A.  D.  1711,  concerning  falfe 
conveyances  for  multiplying  votes  for  county  mem- 
bers, "and  a  bill  ordered  in  for  checking  corruption  in 
city  and  borough  cledtions  ^.  Carried  up  to  the  lords  g.- 

A   bill 


aSxAT 

.atL 

ARGE,     IV. 

299. 

bDEB. 

Com. 

IV.  258. 

c  (bid. 

399- 

d  Ibid. 

187. 

e  Ibid. 

189. 

fibid. 

258. 

g  Ibid. 

299. 

Chap.  III.         DISQUISITIONS.  351 

A  bill  for  preventing  fraudulent  conveyances  for  mul- 
tiplying votes,  was  read  the  firft  time,  and  ordered  a 
fecond  reading,  A.D*  1713  ^  Ad:  to  explain  a  claufe 
in  the  ad;  againft  fraudulent  conveyances  and  falfe 
multiplication  of  votes,  and  others  paffed  by  commiC- 
fion,  paffed  A,  I).  1713  ^.  An  ad  paffed  for  regu- 
lating eledions  in  Scotland^,  Bill  for  continuing  an 
ad  made  in  the  7  WilL  entitled.  An  ad  to  prevent 
falfe  and  double  returns  of  members  to  ferve  in  parlia- 
ment, read  once,  A.  D.  1713,  and  ordered  a  fecond 
reading  «^.  A  bill  ordered  in.  A,  D.  1713,  for 
limiting  the  number  of  officers  in  the  houfoe. 

A.  D.  1713,  the  houfe  in  a  grand  committee, 
confidered  the  ad  of  the  ninth  year  of  her  majefty's 
reign,  entitled,  An  ad  for  fecuring  the  freedom  of 
parliaments,  by  the  farther  qualifying  the  members  to 
fit  in  the  houfe  of  commons  j  and  came  to  the  follovi^- 
ing  refolutions.  I.  That  notvvithftanding  the  oath 
taken  by  any  candidate  on,  or  after  any  eledion,  his 
qualifications  may  be  afterwards  examined  into.  II. 
That  the  perfon  whofe  qualification  is  expreffly  ob- 
jeded  to  in  any  petition  relating  to  his  eledion,  foall 
within  fifteen  days  after  the  pedtion  read,  give  to  the 
clerk  of  the  houfe  of  commons  a  paper  figned  by  him-^ 
felf,  containing  a  rental  or  particular  of  the  lands, 
tenements,  or  hereditaments,  whereby  he  makes  out 
his  qualification,  of  which  any  pecfon  concerned  mav 
have  a  copy.  III.  That  of  fuch  lands,  tenements, 
or  hereditaments,  whereof  the  party  hath  been  in  pcf- 
fcffion  for  three  years  before  tlis  eledion,  he  fliali  ah'b 
infert  in  the  fame  paper,  from  v/hat  perfon,    and  by 

what 


a  Dea.  Ibid.  V.  12.  ji  Ibid.  53.  c  Ibid, 

d  Ibid.  49,  e  Ibid,  4, 


352  POLITICAL  BookV. 

what  conveyance  or  aft  in  law  he  claims  and  derives 
the  fame  ;  and  alfo  the  confideration,  if  any  paid,  and 
the  names  and  places  of  abode  of  the  witnefTes  tofuch 
conveyance  and  payment.  IV.  That  if  a  fitting 
member  fhall  think  fit  to  quefticn  the  qualification 
of  a  petitioner,  he  thall  within  fifteen  days  after  the 
petition  read,  leave  notice  thereof  in  writing,  with  the 
clerk  cf  the  houfe  of  commons ;  and  the  petitioner 
(hall,  in  fuch  cafe/  within  fifteen  days  after  fuch  no** 
tice,  leave  with  the  faid  clerk  of  the  houfe,  the  like 
account  in  writing  of  his  qualification,  as  is  required 
.  from  a  fitting  member^. 

The  bill  for  fecuring  the  freedom  of  eleftions, 
which  pafil'd  the  houfe  of  commons,  A.  D.  1721, 
and  was  thrown  out  by  the  lords  at  the  fecond  read- 
ing (by  collafion,  Mr.  Gordon  fuppofes)  was  to  enad, 
that  the  writs  be  faithfully  delivered  to  the  returning 
cfficer  5  that  all  contradts  to  favc  returning  officers 
harmlefs  for  making  undue  returns  of  members,  be 
null  and  void,  and  both  parties  fineable  1000/.  each, 
and  incapacitated ;  that  every  perfon  voting  at  an 
eledlion,  purge  himfelf  by  oath,  before  he  votes,  if 
required,  of  all  due  influence  ;  fine  for  refufal  40/. 
perjury  to  be  punifhed  as  ufual,  and  with  incapacita- 
tion befides  5  that  any  perfon  giving  any  of  the  pub- 
lic money  to  influence  an  eledion,  be  fined  icoo/.  and 
punifhed  wiih  incapacitation  ;  and  that  all  Englijh 
members,  except  the  eldeft  fons  of  peers,  or  of  per- 
fcns  qualified  ior  being  county- members,  and  the 
members  for  the  two  univerfities,  be  obliged  before 
they  fit,  or  vote,  to  give  in  to  the  clerk  of  the  houfe 
of  commons,  a  particular  of  his   qualification,  zs  per 

9  Anne  j 


aD£B.  Com.    v.    62. 


Chap.  III.       DISQUISITIONS.  353 

9  Anney  that  there  (hall  be  only  one  elcd:ion-meeting 
for  each  eledion  \n  Scotland, 

There  was  a  debate  on  a  bill  to  fecure  the  freedom 
of  elcdlions,  ^.  Z),  1722,  The  bill  was  rejeded.  The 
only  reafon  mentioned  was,  becaufe  *  feveral  claufes 
in  it  could  not  be  put  in  execution,  they  faid,  with- 
out expofing  the  mcft  innocent  perfons  to  the  guilt 
of  perjury  ^' 

By  2  Ge€,  II.  cap.  xxiv.  all  eledors  are,  if  called 
upop,  to  take  the  bribery  oath,  difclaiming  their  hav- 
ing received,  or  their  expeding  any  kind  of  emolu- 
ment, or  advantage,  in  confideration  of  their  vote. 
The  prefiding  officer^orfeits  50  /.  if  herefufes  to  ad- 
minifter  the  oath,  and  the  returning  officen  100  /.  for 
admitting  any  perfon  to  poll  without  taking  the  oath, 
if  demanded.  The  returning  officer  is  likewife  to 
purge  himfelf  by  oath,  on  the  common  penalty,  if 
convided  of  perjury,  with  incapacity  of  voting  ever 
after.  The  laft  determination  of  the  houfe  of  com- 
mons is  to  decide  finally  what  votes  are  legal  in  every 
city,  or  burgh.  Perfons  convided  of  taking  money, 
or  reward,  for  voting,  to  be  fined  500  /.  and  incapa- 
citated forever;  if  profecuted  within  2  years.  But 
offenders  difcovering,  within  one  year,  others  equally 
guilty,  are  indemnified  b. 

A  bill  for  regulating  eledions  was  brought  in,  A,  D. 
1735,  and  fome  progrefs  made  in  it  c.  Put  off.  By 
8  Geo.  IJ.  cap.  xxx.  no  military  force  to  be  nearer 
than  two  miles  to  any  place,   where  there  is  an  clec- 

VoL.  I.  Z  z  tion. 


a  Deb.  Lords,   hi.  227  to  232. 

b  Stat.  AT  Large,  vi.  123.     Deb.Com.  vii.   43. 

Deb.  Lords,   iv.  15.     77/7^.  viii.  46, 

c  Deb.  Com.  ix.  39. 


354  POLITICAL  Book  V. 

tion  a.  By  13  Geo.  II.  (which  refers  back  to  10  ^me, 
cap.  23.)  feveral  regulations  are  made  refpefting  qua- 
lification of  voters  ^. 

The  Duke  of  Argyk  propofed,  A.  D,  1739,  that 
It  (hould  be  made  penal  to  offer  a  bribe,  as  well  as  to 
receive  it  5  which  would  have  made  bribing  difficult 
and  dangerous  ^. 

Read  a  fecond  time,  A.  D.  1739,  a  bill  to  prevent 
collufive  qualifications  of  perfons  to  vote  as  freehold- 
ers ^.  Paffed  ^.  A  bill  for  regulating  the  proceedings 
of  returning  officers  at  eleftions  was  ordered  in.  A,  D. 
1741.  f  It  was  paffed  by  the  commons,  93  to  92,  and 
afterwards  engroffed,  fent  to  the  lords,  and  there  loiig. 
Another  for  difabling  penfioners  to  fit  \  was  read 
once  i. 

By  16  Geo,  II.  cap.  11.  regulations  are  made  re- 
fpedting  eledions  in  North  Britain^.  By  18  Geo,  II. 
cap.  18.  the  laws  relating  to  the  eledion  of  knights 
of  the  fhire  in  England  are  explained  and  amended  \ 
By  19  Geo,  IL  cap.  28.  various  regulations  are  made 
refpeding  eledions  of  members  for  fuch  cities  as  arc 
counties  of  themfelves  ^, 

A.D,  I742,three  bills  were  ordered  into  the  houfe 
of  commons  for  regulating  eledions  ".  The  fame  year 
the  bill  for  regulating  eledions  in  North  Britain 
paffed  o.  And  another  relating  to  county  eledions  in 
England  P. 

Several 


a  Stat,  at  Large,  vii.  50.  b  Ibid.  372. 

c  Deb.  Lords,  VI.  398.  d  Deb.  Com.  xi.  320. 

e  Ibid.  322.  f  Ibid.  XIII.  271.  g  Ibid.  135  = 

h  Ibid.  i  Ibid.  136. 

k  .Stat,  at  Large,  vi  ii.  41.  1  Ibid.  154. 

m  Ibid.  217.  n  Deb.  Com.  xiv.    195. 

o  Ibid.  212.  p  Ibid.  218. 


Chap.  III.        DISQ^UISITIONS.  355 

Several  bills  for  quieting  corporations,  aftd  regu- 
lating their  eledions,  were  read  by  the  peers,  A.  D. 
1742.  a  Read  a  ift  time.  A,  D.  1742,  a  bill  for  ex- 
plaining and  amending  the  eledtion  laws,  and  for 
reftraining  the  partiality  and  regulating  the  condudt 
of  returning  officers  ^.  Too  good  a  bill  to  come  to  a 
2d  reading.  A  bill  paffed  the  commons,  A,  D.  1742, 
relating  to  county  elecftions  in  England,  to  prevent  the 
bad  efFeds  of  partiality  in  returning  officers  c. 

u4,  D,  17 ^S*  ^^^^  paffed  the  adl  for  regulating  elec- 
tions  for  ftiires  in  England^.  An  ad:  paffed,  A.  D, 
iJSli  prohibiting  on  penalty,  all  perfons  voting  at 
eledions  who  hold  eftates  by  copy  of  court  roll  e. 

According  to  law,  there  mult  be  no  feafting,  or 
other  eledioneering  work,  after  the  writs  are  out.  Mr. 
Beckfordy  late  lord  mayor  oi  London,  moved  the  houfe 
of  commons,  for  leave  to  bring  in  a  bill  to  flop  feaft^- 
ing  and  eledioncering  at  all  times,  and  to  oblige  the 
candidate  to  take  an  oath,  that  he  has  not  bribed,  as 
well  as  the  eledior,  that  he  has  not  been  bribed.  The 
motion  was  over-ruled.  It  was  feared.  It  would  pinch 
too  clofe, 

A.  D.  176Q,  a  motion  was  made  in  the  houfe  of 
commons  for  an  inftrudion  to  a  committee,  that  they 
have  power  to  receive  a  claufe,  or  claufes,  for  reftrain- 
ing the  judges  from  taking /^'^x,  gifts,  entertainments, 
&c.  from  any  city,  borough,  flieriff,  under-fheriffi 
&c.  on  their  circuits,  and  from  officers  in  the  courts 
of  law.  The  motion  was  over-ruled.  See  20  Edw, 
in.  ch.  I.  and  13  and  14  Ch.  11.  21.  fed.  i,  2.  An- 
other 


aD'EB.  Lords,   viil.482,  et  pajftm,  b  Ibid.  208, 

c  Deb,  Com.  xiv.  218. 

d  Aim,  Deb.  Com.  u*  3^3*  €  Ibid.  v.  222. 


356  POLITICAL  Book  V.- 

other  motion  was  at  the  fame  time  made.  That  it  be 
an  inftrudtion  to  the  faid  committee,  that  they  have 
power  to  receive  claufes  for  reftraining  judges,  barons, 
juftices,  &c.  from  interfering  otherwife  than  by  giving 
their  cw?i  votes  in  eledlions  for  membexs  of  parliament. 
This  motion  was  hkewife  rejedled  ^, 

A,  D.  1772^  ^  motion  was  made  for  leave  to  bring 
in  a  bill  for  preventing  the  grofs  abufe  of  occajional 
voters  in  places  where  all  the  inhabitants  have  right  of 
voting.  The  motion  was,  through  fear  of  its  fuccefs, 
withdrawn  b.  EleBions  have  ht^njiopped  to  wait  the 
arrival  of  waggons  fiiied  with  occafional  voters. 

'^'Ix ,  Hutchejo'nhzd.  propofed,^.  D,  ly  22  fth^it  the  com  - 
jw/V/fd"  for  privileges  and  eledlions  befek^^  confifting  of 
36,  and  to  have  power  to  hear  and  determine  all  matters 
without  bringing  contefled  eledlions  before  the  houfe  ^, 
It  was  obferved,  that  this  was  the  practice  both  before 
and  after  Queen  E/iz,  and  was  only  broken  off  in  the 
long  parliament  1641,  when  all  things  went  into  con- 
fufioD.  The  motion  was  dropped.  But,  A  D,  1770, 
Mr.  Grenville  moved  the  houfe  of  commons  that  a 
remedy  fhould  be  provided  for  '  the  infamous  manner 
in  which  the  houfe  evercifed  its  jurifdiction  on 
elections.  That  it  was  the  conftant  barefaced  pro- 
cedure of  every  petitioner  to  folicit  the  attendance  of 
each  member.  At  firft  he  would  only  aflc  you  to 
attend  to  his  7nerits ;  but  if  you  promifed  that,  h« 
would  afk,'  **  Well,  but  will  you  attend  for  me  ?" 
— And  Mr.  Grenville  was  forry  to  fay,  that  even  this 
requeft  was  too  frequently  granted  on  all  fides — nay, 

that 


a  Lond.Mag.   Jpril,    1760,  p.  177. 
b  Seethe  News- Papers  of  il/<^rr  A,  1773, 

C    Dfili.  COKI,     VI.  2oC. 


Chap.  III.       DISQUISITIONS.  357 

that  in   every  eledlion-caufe,  a  few  members  were 
dignified  with   the  appellation  of  managers-,  a  very 
proper  appellation  for  thofe,  who  immediately  after 
were  to  be  mzAt  judges.     That  it  was  alfo  the  cuHiora 
for  the  benches  to  be  exceeding  thi?jy  when   the  caufe 
v/as  to  be  triedy  but  before  the  quejlion  was  put,  the 
houfe  became  exceeding  full^  as  the  member^,  who 
had    thus     promifed    their    attendance,     looked   on 
nothing  more  as  neceflary  than    to    give  their  votes. 
At    dinner   time,    many    made   no   fcruple,    though 
the  caufe  was  not  determined,    oi pairing  off,  as  it  is 
called;  fome    paired    off  for   every    queflion  in   ths 
eledion,  others  for  a  day,  or  a  few  hours  only — Ic 
was  even  got  to  fo  notorious  a  point,  that  at  the  be- 
ginning of  every   eledion-caufe,  fome    queftion    was 
brought  on,  to  try  their  ftrength,  as  it  is  calkd,  and 
the   party,  who  are  the  weakeft  in  numbers,  though 
often  the  contrary  in  merits^  are  forced  to  give  up  to 
a  cold  and  fruitlef^  expence. — In  (hort,  he  appealed 
to  the  confciences  of  every  gentleman   in   the  houfe, 
whether  any  of  them  would  chufe  to  determine  their 
properly  before  the    houfe  of  commons,  if  a  jury   of 
porters y  or  chairmen,  could  be  obtained  for  that  pur- 
pofe.     That  he  mentioned  this  as   a  grievance   very 
proper  to  be  redreffed,  and   that  if  the  houfe'  was  of 
his  opinion,  he  would   name  a  day  when   he   would 
make  a  motion   for  leave  to  bring  in  a  bill  for  that 
purpofe.'      The    notoriety   of  the   affair    made    the 
whole  houfe  concur  in  his  fentiments,  and  a  day  was 
appointed  for  a  motion  to  be  made — every  gentleman 
who  fpoke  on  the  fubjed,  adding  fome  treih  rcalons 
to  fhew  the  neceffity  of  fuch   a  motion^.     He.  ob* 

ferved, 


a  Ahn.  Deb,  Com.  viii.  240. 


358  POLITICAL  Book  V. 

iervcd,  that  when  contefted  elediions  were  tried 
before  the  houfe,  or  a  committee  of  the  whole  houfe,. 
matters  were  very  fuperficially  examined  9  'gentlemen 
having  no  particular  tie  of  oath  or  honour  upon  them, 
contented  themfelves  with  giving  their  vote  without 
examining  as  they  ought,  fheltering  themfelves  under 
the  nurtibcrs  who  did  the  fame/  [That  is,  in  plain 
"Englifby  gentlemen,  in  order  to  avoid  a  little  trouble, 
betrayed  the  intereft  of  their  country,  excufing  this 
Ihamelefs  pradlce  by  the  numbers  who  are  guilty  of 
it.]  He  obferved,  that  in  former  times,  down  to  the 
revolution,  tryers  of  petitions  were  appointed,  from 
among  the  moft  rcfpedlable  of  the  lords.  Afterwards 
petitions  were  heard  by  the  whole  houfe  of  peers. 
Then  the  chancellor  taking  too  much  upon  him,  the 
houfe  «f  commons  appointed  a  committee  of  200. 
But  in  the  fpeaker  Onjlows  time,  petitioners  were,  on 
account  of  his  known  ability  and  impartiality,  defirous 
of  havine  their  caufes  heard  before  the  houfe  rather 
than  before  a  commmittee.  But  this  could  not  be  gene- 
ral. Therefore  Mr.  Grenville  propofed,  that  all  com- 
plaints of  andue^  elections  fhould  be  tried  by  a  fmall 
number  of  the  members  drawn  by  ballot,  and  fworn 
in  the  manner  of  a  jury  3  their  decifion  to  be  final, 
exceptiiig  in  difputes  concerning  right  of  election, 
which  Oiould  be  referred  to  the  houfe,  and  decided 
according  to  prefcription  j  no  member  to  be  twice 
drawn,  but  by  his  own  confent,  &c.  It  palTed  into  a 
law,  to  be  in  force  feven  years ;  and  may  perhaps  be 
oijbme  fervice,  though  it  can  do  but  little  toward  a 
radical  cure  of  the  evil.  For,  fuppofing  iht  generality 
of  a  houfe  of  commons  to  be  under  corrupt  influence, 
the  majority  of  any  committee  drawn  from  thence  by 
ballot,  or  any  how,  will  be  under  the  fame  influence. 

Thefe 


Chap.  III.        DISQUISITIONS.  359 

Thefe  partial  reformations  amufe  the  people,  ^nd  by 
dijappointing  their  ill-founded  expedations,  difcourage 
them  againft  fuch  propofals,  as  would  prove  effe6luaL 
This  is  the  fatal  effed:  of  letting  abufes  alone  io  long, 
till  becoming  inveterate,  and  feizing  the  vitals  of  the 
conftitution,  they  are  not  to  be  removed  but  by  me- 
thods too  rough  as  well  as  too  operofe  for  the  inertia 
of  the  people,  who  will  let  themfelves  be  totally  en- 
flaved,  rather  than  engage  in  fuch  a  fcheme  for  re- 
drefs,  as  may  be  attended  with  fomc  difficulty  and 
danger  ^  as  a  corpulent,  lethargic  patient,  who  chufes 
rather  to  die  of  a  complication,  than  enter  upon  a  courfe 
of  rough  and  fearching  remedies. 


CHAP.     IV. 

Of  Minijierial  Influence  in  the  Houfe. 

TO  endeavour  to  gain  an  undue  influence  over 
the  members  of  the  houfe  of  commons,  is  an 
old  trick  of  our  word  kings  and  minifters.  It 
is  true,  they  often  carried  things  with  a  high  hand,  fe- 
cure  of  what  parliament  fhould  take  well  or  ill.  But 
violent  meafures  are  always  dangerous,  and  it  was  un- 
certain how  far  the  people's  patience  would  bear. 
What  was  done  under  the  umbrage  of  parliament  had 
the  appearance  of  juft  and  conftitutional  governmentj 
and  was  likely  to  hold  the  longeft.  04jr  crafty  (iatef- 
men,  therefore,  chofe  to  have  parliament  with  them  as 
much  as  they  could. 

*  We  think  ourfelves  fafe,  fays  Nedham^  becaufe  we 
hd^VQ  parliaments  y  but  we  do  not  confider,  that  we 
may  be  as  efFe dually  ruined  by  corrupt  parliaments 

as 


360  POLITICAL  Book  V. 

as  by^ambitious  tyrants.  And  corruption  long  eftab- 
lifl^ed  becomes  a  part  of  the  conjiitutiofi,  and  grows 
more  and  more  difficult  to  eradicate.  We  underftand 
our  cbnftitution  to  be  in  danger,  not  only  when 
it  is  attacked,  but  as  foon  as  a  breach  is  made,  by 
which  it  may  be  attacked  ;  and  we  underftand  this 
danger  to  be  greater  or  lefs  in  proportion  to  the 
breach  that  is  made,  and  without  any  regard  to  the 
probability  or  improbability  of  an  attack.  This  ex- 
planation of  our  meaning  is  the  better  founded, 
becaufe  the  nation  hath  an  undoubted  right  to  pre- 
ferve  the  conftitution  not  only  inviolate,  but  fecure 
from  violaticns  ^\ 

*  If  (fays  Voltaire  t")  in  Holland  and  'England,  the 
flates  had  ccnfifted  only  of  nobles  and  clergy  [with- 
out an  affembly  of  deputies]  the  balance  of  Europe 
had  not  been  in  their  hands  in  the  year  1701/  And 
if  the  houfe  of  commons  oi  England  comQS  to  be, 
through  the  influence  of  corruption,  fo  enflaved  to  the 
court  as  to  have  no  will  of  its  own, — need  I  to  add  the 
confequence  ?  If  parliaments  be  good  for  any  thing, 
icdependent  parliaments  are  alone  good  for  any  thing. 
Suppole  a  parliament  dependent  on  the  court ;  and  you 
make  it  a  licenTed  tyranny,  inftead  of  a  free  govern- 
ment ;  a  burden  and  an  incumbrance,  inftead  of  an 
advantage.  If  eiedions  into  the  houfe,  and  votes  in 
it,  are  good  for  any  thing,  free  elections  and  votes 
are  alone  good  for  any  thing.  In  an  injluenced  eledtion, 
or  dilated  vote,  the  influencing  minifter  is  the  nomi- 
nator of  the  member,  and  tht  fole  legiflator. 

By  2  Geo.  il.  cap.  24.  the  laft  determination  of  the 
houfe  of  comm^ons  is  to  decide  finally  what  votes  ftiall 

be 


aDissERT.  ON  Parties,  215, 
b  Ess.  SuR.l'HisT.  11.  187. 


chap.  IV.     DISQUISITIONS.  361 

be  legal  in  every  city,  or  burgh.  But  a  corrupt  houfe 
of  commons  will  naturally  throw  the  votes  into  the 
hands  of  the  corporation,  rather  than  of  the  inhabi- 
tants at  lar^e,  becaufe  it  is  eafier  to  bribe  a  few 
than  many,  thi^  power  is  therefore  lodged  in  wrong 
hands,  confidering  the  character  of  our  modern  houfes 
of  common  Si 

If  a  refolution  of  the  houfe  of  commons  is  thus  to 
determine  who  has  right  of  voting,  furely  the  inde- 
pendency of  the  houfe  of  commons  is  a  matter  of 
infinite  confequence.  For  a  corrupt  houfe  may,  by  a 
refolution,  reduce  the  5700  voters,  who  now  fend  in 
the  majority  of  the  members  for  Englajid^  to  icoo. 
They  may  throw  the  power  of  fending  the  members 
into  the  hands  of  the  king  and  council,  and  deprive 
the  people  of  even  the  mockery  of  chujing  reprefenta-^ 
lives;  which  is  all  they  have  at  prefent. 

*  Parliament  aria  comitia  veter^Sy  &;c.  Parliament 
has  power  to  repeal  old  laws,  and  to  eftablifli  new ; 
to  make  regulations  for  times  prefent  and  future. 
Parliament  can  decide  all  matters  of  property  ;  it  cari 
give  legitimacy  to  the  fpurious ;  it  eftabliflies  pub- 
lic worftiip  J  appoints  weights  and  meafures  y  deter- 
mines the  fucceffion  to  the  crown  ;  decides  all  con- 
troverlies  without  appeal,  where  there  is  no  law  by 
which  to  judge;  it  lays  on  taxes;  it  pardons  offen- 
ces ;  it  fupports  the  oppreffed  and  puniflies  the  oppref- 
for  ;  it  has  power  of  life  and  death ;  it  has,  in 
ibort,  the  power  of  doing  Whatever  could  be  done 
by  the  comitia  centuriata,  or  tribunitiey  that  is  to  fay, 
by  the  whole  people.of  Rome  ^' 

Vol.  I.  A  a  a  The 


a  Thorn.  Smith*  De  Republ.  Angl,  167., 


362  POLITICAL  EookV* 

The  hoiife  of  ccmmons  claims  to  Itfelf,  as  we  have 
feen  above,  many  important  and  intcrefting  privi- 
leges, and  runs  far  into  the  executive,  infliding,  in 
confequence,  not  of  the  known  laws  of  the  land, 
but  of  the  undetermined  lex  et  confuetudo  parliamenti^ 
various  pains  and  penalties  upon  the  fubjeds,  its 
creators.  It  is  therefore  of  great  confequence  to  the 
people,  that  this  irrefiftable  afiembly  be  as  little  as 
poffible  obnoxious  to  every  evil  byafs  and  influence. 

The  fyccphants,  who  furround  cur  kings,  tell  them, 
all  is  well.  Here  is  a  parliament  regularly  affembled 
every  year.  And  every  thing  of  confequence  is  car- 
ried on  according  to  the  letter  of  the  law,  and  the 
cuftoms  of  our  anceftors.  The  fame  might  have. been 
faid  in  the  time  oi  Augyjius,  and  all  the  beft  of  the 
Reman  emperors.  There  were  confuls,  fenators,  tri- 
bunes, prstors,  as  in  the  republican  times.  But  the 
efficiency  was  all  in  the  emperor  and  his  court, 
and  army  a.  So,  in  our  times  (the  prefent  always 
excepted)  we  have  iztvi  parliaments  regularly  chofen 
— by  bought  votes,  and  court-influence  \  and  regu- 
larly proceeding  in  the  hcufe — according  to  the  orders 
of  the  miniflry. 

A  writer  b  in  king  Williani^  time  dates  the  matter 
fairly.  '  The  corrupting  cf  parliaments  (fays  he) 
defeats  all  our  hopes,  poilons  us  in  cur  mother's  milk, 
murders  us  by  the  hands  of  our  parents,  infeds  the 
only  cordial,  that  can  preferve  our  being,  makes  us 
acceffary  to  our  own  f^e,  betrays  us  by  the  hands 
of  thofe,  whom  we  chufe  to  reprcfent  us,  makes 
us  flavcs  to  our  protedors,'  &c. 

A  Httle 


a  Tacit,  Ann.  paiT. 

b  St.  Tracts,  time  of  king  William,  11.  646, 


Chap.  IV.      DISQUISITIONS.  363 

A  little  matter  wrong  in  a  thing  of  fuch  confe- 
qacnce  as  a  parliament,  may  do  great  mifchief.  A 
minifterial  fpeaker  of  the  houfe  of  commons  may 
throw  the  whole  debate  into  the  hands  of  his  own 
party,  if  a  refolution  be  carried.  That  the  member, 
to  whom  the  fpeaker  points,  (hall  be  heard.  And 
there  is  nothing  to  hinder  the  paffing  of  fuch  a  r«folu- 
tion  in  a  minifterial  houfe  of  commons,  Thecuftom 
has  been  for  the  houfe  to  decide,  when  a  debate  arofe, 
which  member  was  up  firft,  unlefs  they  chofe  to  leave 
it  to  the  fpeaker.  Attempts  have  lately  been  made  to 
change  this  cuftom  ^. 

*  Foreign  nations  fay,  and  fay  truly,  that  a  king  of 
"Englandi  in  conjundtion  with  his  parliament,  is  as 
great  and  dreadful  a  prince  as  any  in  Europe'  Chan- 
cellor Finch's  fpeech  at  the  opening  of  Charles  II. 's 
third  parliament.  But  this  is  fuppoiing  the  parlia- 
ment honell:  to  the  people  ^. 

*  The  corruption  of  governments  (fays  the  czarina  c) 
generally  begins  by  the  corruption  of  its  principles.' 
The  principle  of  government  in  a  free  ftate  is^  The 
people's  love  of  their  country.  The  principle  of  the 
Britijfj  government  is,  An  independent  houfe  of  com- 
mons. If  that  be  fafe,  all  is  lafe.  If  that  be  violated, 
all  is  precarious. 

*  Parliament,  the  fountain  of  juftice,  ought  to  be 
preferved  pure  from  corruption,  and  free  from  par- 
tiality, which  would  add  not  only  luftre,  reputation, 
and  honour,  but  authority  to  what  is  done  in 
parliament.  All  mens  eftates  and  liberties  are  pre- 
ferved under  the  fafe  cuftody  of  parliament.      This 

UiOvetb 


a  Jim,  Deb.  Com.  ix.  233. 

b  Deb.  Com.  i.  320.  c  Instr.  190. 


364  POLITICAL  Book  V. 

moveth  us  to' be  careful  of  any  thing   tbat  may  pre- 
judice parliament  in  point  of  integrity  ^/ 

The  leaft   appearance   of   corruption,    where   all 
ought  to  be  virgin  purity,    is  execrable.     '  In  Parli- 
ament'    (  according    to    the  duke    of  Glocefter   and 
bi(hopof£/>,    in  their   fpeeches  lo  Rich.   11.  In  his 
I2th.year,  2X  Eltham,    A,   JD.    1389,    handed  down 
to  us  by  the  old  hiltorian   Knighton  b)    «  all  equity 
ought  to  (hine  forth  without   the  leaft  cloud  or  fha- 
dow,  like  the  fun  in  his  meridian  glory/  &c.     The 
ftate  is  a  (hip,  and  it  fails  in  a  fea  of  corruption.     If 
there  were  the  fmalleft  chink  in  the  vcffcl,  corruption 
would  flow  in.     But  we  open  onr  Joweft  gun-ports, 
to  let  It  in  freely. 

•  When   a  private  man  receives  any  advantage  to 
betray  a  truft  %    one,  or  a  few    perfons,   may   fufFer. 
If  a  judge  be   corrupted,  the  oppreflion  is  extended 
to  greater  numbers.     But  when  legiflators  are  bribed, 
or,  which  is  all  one,  are  tinder  any  particular   en- 
gagement, that  may  influence  them  in  their  legifla- 
tive  capacity,  then  it  is,  that  we  may  exped:  injuf- 
tice  to  be  eftablifhed  by  law,    and  all  thofe  ccnfe- 
quences  which  will   inevitably  follow  the  fubverfion 
of  the   confliitution,    as    ftanding   armies,    oppreflive- 
taxes,  and    flavcry  ;    whilft    the   outward  form  only 
of  the    antient   government    remains    to  give  them 
authority  «^.' 

The  government  o{  England  has  all  the  advantages, 
fays  Voltaire  ^,  of  monarchy,  ariftocracy,  and  demo- 
cracy, but  it  is  liable  to  their  inconvenicncies ;  fo  that 
it  cannot  fubfift,  but  under  a  wife  prince.     He   had 

come 


a  Rap.  1 1.  383.  b  ?etyt\  MlscEL.  Parl.  50. 

^  Fletcher y  ^6,  d  Ess.  sua  I'Hist.    ii.  113. 


Chap.  IV.        D I S  Q^U  I  S  I T  1 0  N  S.  365 

eome  much  nearer  the  truth,  if  he  had  faid.  It  cannot 
fubfift  but  with  an  incorrupt  houfe  of  commons', 

Suppofe  our  court  fhould  take  the  legiflative  pow^r 
into  its  own  hands,  and  omit  calling  a  parliament  for  7 
years  together.  Should  we  not  fay,  *  Chaos  is  come 
again?  What-  is  the  difference  to  the  nation 
between  calling  no  parliament  and  calling  a  fet  of 
bribed  flaves  the  ready  tools  of  the  court  ?  The  reader 
fees,  I  mean  no  refledion  on  the  prefent  immaculate 
parliament. 

*  *  If  the  people  oi  England  onct  be  corrupted  in  that 
which  is  the  fountain  of  their  liberties,  their  own 
reprefentatives  in  parliament  affembled,  they  rijuft 
expc(fl  nothing  but  the  Sowings  forth  of  tyranny 
and  mifchief  upon  them,  in  and  by  their  very  laws, 
and  that  which  fhould  be  their  chief  and  only  remedy 
againft  all  other  evils,  would  by  this  means  become 
the  greateft.caufe  and  author  of  them.'  Parliament's 
anfwer,  1650,  to  a  canting  manifefto  of  C/6m£'^  II. 
in  Scotland^, 

*  The  high  court  of  parliament  is  the  moil  certain 
and  conftant  guardian  of  liberty  j  but  if  it  be  deprived 
of  its  ©wn  liberty,  it  is  left  without  life  or  power  to 
keep  the  liberty  of  others.  If  they  fhould  bring  par- 
liament to  be  fubjedl  to  the  king's  pleafure,  to  be 
correfpondent,  as  they  call  it,  to  ihe  king's  will,  in 
the  midfl;  of  fuch  evil  counfellors  as  are  now  predomi- 
nant, there  would  little  or  no  cure  be  left,  for  then 
all  things  that  are  mod  mifchievous  would  feem  to  be 
done  by  law  and  authority.'  Pymmes  fpeech  at 
Guildhall  b. 

Our  artlefs  anceftors,  on  moft  occafions,  and  par- 
ticularly in  framing  the  bill  of  fucceffiun,  fliew,  that 

they 

a  Parl,  Hist.  xix.  379.  bibid*  xi  1.  292. 


366  POLITICAL  Book  V. 

they  tocH:  it  for  granted,  a  parliament  would  never 
confent  to  any  thing  wrong  in  compliance  with  the 
court.  '  England  flball  not  go  to  war  on  account  of 
any  foreign  dominion  belonging  to  any  future 
foveraine,  without  confent  of  parliament.  The  foveraine 
fhall  not  quit  the  kingdom  without  confent  of  parlia^ 
ment'  &c.  ^  Little  did  they  think  of  a  time  coming, 
when  confent  of  parliament  might  be  obtained  to  any 
thing  the  miniftry  fhould  afk. 

^id  quifque  "vitet  nunquam  hominifatis 
Cautum  eji  in  horas.  HoR. 

Yet  they  feem,  at  fome  periods,  to  have  been  jealous 
of  the  encroaching  difpofition  of  minifters,  and 
aware  of  the  truth  of  the  doctrine,  which  this  fedion 
teaches,  viz.  That  corrupt  parliaments  are  flaves  to 
minifters ;  for  *  it  has  been  criminal  formerly  in  a 
fpeaker  *  of  the  houfe  of  commons  to  go  to  court,'  fays 
the  author  of  confiderations  on  the  choice  of  a  fpeaker, 
&c.b 

A  ate  writer  fays,  he  fhall  conclude  the  principle 
of  parliament  to  be  totally  corrupted,  when  he  fees 
too  fymptoms,  viz.  i.  A  rule  of  indifcriminate  fup- 
port  to  all  minifters  -,  becaufe  this  deftroys  the  very 
end  of  parliament  as  a  controul  to  minifters,  and  is 
a  general  previous  fandion  to  mifgovernment.  2. 
The  fetting  up  of  any  claims  adverfe  to  free  eledion  j 
for  this  tends  to  fubvert  the  legal  authority,  by  which 
they  fit/  How  much  we  want  of  feeing  thefe  fymp- 
toms in  their  perfedion,  let  the  reader  judge. 

It  ismiferable  to  obferve,  in  reading  the  Parlia- 
mentary 


a  Deb.  Com.   i  ii.  130 


a  Deb.  Com.   i  ii.  130. 

b  St.  Tracts,  time  of  king  William  j  ii.  65 


Chap.  IV.        DISQUISITIONS.  367 

MENTAR Y  HisTORY,  the  DEBATES  of  the  lords  and 
commons,  the  Magazines,  Registers,  6cc.  that 
the  fenfe  and  the  patriotifm  are  almoft  always  (  our  own 
virtuous  times  excepted  )  on  the  fide  of  the  protefting 
lords,  the  minority  in  the  houfe  of  commons,  and  the 
writer  of  the  Maqazines  or  Registers,  and  againft 
the  proceeding  of  the  houfes,  which  are  oftenefl:  wrong 
headed,  or  wrong- jntcntioned.   Yet  our  houfes  of  par- 
Hament  take  in  grievous  dudgeon  any  reflexion  on  their 
wifdom  or  integrity,  and  wonder,  that  the  people  fhew 
a    want  of  refpedt  for  them,  though    the   people  fee 
plainly,  that  a  Magazine- writer  has  more  fenfe,    or 
more  integdty,  than  the  majority  of  the  two  houfes. 
Which  ftrange  phenomenon  can  only  be  afcribed  to 
minifterial  poifon  working  in   the  houfes. 

*  Every  body  knows,  that  the  antient  dread  of  this 
nation  was  of  the  prerogative.  Left  our  princes  ihould, 
like  thofe  of  France,  grow  weary  cf  parliaments, 
and  refolve  to  govern  by  will  and  pleafure.  Every 
body  knows  likewife,  that  the  reafon  of  our  tender 
concern  for,  and  attachment  to  parliaments,  was  a 
long  eftabliftied  perfuafion, — That  by  their  afliftance 
our  grievances  would  always  be  rcdreffed  ;  That  un- 
der their  umbrage,  our  liberties  would  always  be  fafe. 
But  even  our  very  princes  were  originally  and  con- 
ftitutionally  no  more,  than  the  guardians  of  thefe 
liberiies  ;  and  if  they  could  be  capable  cf  breach  of 
truft,  might  not  our  parliament  likewife  deviate  into 
the  fame  crooked  road  ?  If  therefore  thofe  princes, 
on  convidtion  that  it  was  not  only  vain,  but  a  defper- 
rate  undertaking,  to  wrcftle  with  parliaments,  fliould 
find  it  expedient  to  compromife  the  affair  with  them, 
and  agree  to  divide  the  commonwealth  between 
them.  Would  not  parliaments    themfelves    become  a 

grievance 


362  POLITICAL  Book  V. 

grievance  ?  Would  not  our  reprefentatives  become  ouf 
mafters  ?  Would  not  their  conftituents  become  their 
flaves  ?  Thus,  if  the  court's  governing  without  a 
parliament  was  juftly  the  objedl  of  our  terror;  if  its 
governing  witb  a  parliament  was  as  juftly  the  objedt 
of  our  wirties ;  its  governing  by  a  parliament  would 
be  an  infallible  method  not  only  to  compafs  but 
give  fandion  to  our  ruin.  With  regard  to  the  firft 
of  thefe  governments,  our  terrors  have  long  flum- 
bered.  For  while  we  fo  freely  give,  why  fhould  the 
fovereis^n  take  ?  And  with  regard  to  the  laft  — fl/;;^ 
illie  iachrymce — We  have  in  thefe  papers  proof  to 
demonftration,  that  from  a  certain  period  our  parlia- 
ments have  done  what  they  fhould  have  left  undone, 
and  have  left  undone  what  they  fliould  have  done : 
That  to  the  calls  of  the  crown  they  have  always  an- 
fwered  ;  That  to  the  cries  of  the  people  they  have 
been  always  deaf;  That  they  have  purchafed  on  one 
hand  only  to  fell  on  the  other;  That  they  have  waved 
their  privileges  in  compliment  to  the  prerogative, 
and  put  them  to  the  ftretch,  to  opprefs  and  lubdue 
the  fubjed  ;  That  inftead  cf  redreffing  grievances, 
they  have  authorized  them  ;  That  inftead  of  profe- 
cuting  malefadors,  they  have  Icreened  them  ;  and 
that  inftead  of  proteding  and  defending  the  rights 
of  their  conftituents,  they  have  perfidicully  betrayed 
them.  Hence  it  is  manifeft,  that  the  conftitution  is 
every  where  undermined,  and  at  the  firft  found  of 
the  trumpet,  like  the  walls  of  Jericho,  it  will  fink  at 
once  into  a  heap  of  ruins.  In  vain  do  we  amufe 
ourfelves  with  the  hope  that  fome  future  parha- 
ment  will  redify  the  evils  committed  or  con- 
nived at  by  the  paft.  Had  we  any  chance  of  work- 
ing out  our   own  falvation,  as   it  hath   been  once 

already 


Ghap.  IV.       DISQUISITIONS.  369 

already  obferved,   'tis  more  than  probable  we  fhould 
not   be  trufted  with  the   opportunity.     By  the   fame 
violence  that  one  parliament,  chofen   but  for   three 
years,  could  prolong  their  own  fitting  for  feven,   any 
other   may  prefume  to  render   themfelves  perpetual. 
Experience    (hews    us,   that  the  writ  of  election  to  a 
borough,  and  the   coiige  d'elire  to  a  dean  and  chap- 
ter, already  operate   in   pretty  much   the,  fame  'man- 
ner \  That   thofe  in  power  are  always  fure  of  finding 
or  making  a  majority  in  both  houfes  ;  That  the  dic- 
tates  of    the    privy   council,    or    firft    minifter,    are 
uniformly  received    by  that  majority   as  laws ;   That 
the  grand  fecret  of  government  is  to  fleece  with  one 
hand  and  corrupt  with  the  other  \    and  that  the  fole 
relic  of  the  people's  power,  is  the  glorious  privilege  to 
fell  themfelves  as  often  as  they  are  favoured  with  leave 
to  make  a  new  eledion*     So  fatally  true  is  the  maxim 
of  that   great  ftatefman   Burkighy    that  England  can 
never   be   undone   but  by  a  parliament.     In  a  word, 
fo  great  is  the  influence  of  the  crown  become,  fo  fer- 
vile  the  fpirit  of  our  grandees,  and  fo  depraved  the 
hearts  of  the  people,  that  hope  itfelf  begins  to  ficken  ; 
and  thofe  who  are  difpofed  to  go  fartheft  in  the  caufe 
of  the  commonwealth,  are  on  the  point  of  crying  out, 
*'  If  the  people  will  be  enflaved  let  them  be  cnflaved." 
Let  it  then  be  recoUedled  in  this  our  day,   that  even 
the  authority  of  parliament  has  a  bound :   That  they 
are  not  empowered  to  fell,  but  to  ferve,    their  confti- 
tucnts :  That  whoever  accepts  of  a  truft  is  anfwerable 
for  the  exercife  of  it :   That  if  the  houfe  of  commons 
fliould  make  ever  fo  lolemn  a  furrender  of  the  public 
liberties  into  any  hand  whatever,  that  furrender  would 
be  ipfofa5io  void  :    That  if  the  people  have  reafon  to 
Vol.  1.  B  b  b  appre- 


370  POLITICAL  Book  V. 

apprehend  any  fuch  confpiracy  againft  themy 
they  have  a  right  not  only  to  put  in  their  proteft,  but 
to  renounce  the  d^td,  and  refufe  obedience  :  That  in 
fuch  a  cafe,  the  delegation  they  had  made  would  be 
diffolved  :  That  cofifequently  all  authority  would  re- 
turn into  the  hands  of  thofe  who  gave  it  3  and  with 
one  united  voice  they  might  call  on  the  prerogative  to 
do  them  juftice  by  difmiffingfuch  unfaithful  fervants^ 
and  enabling  them  to  make  a  new  choice  »/ 

So  clumfy  have  our  courtiers  been  as  to  infift  openly 
on  the  propriety  of  minifterial  influence  in  the  houfe 
of  commons,  as  appears  by  lord  Digi/s  words  in  his 
fpeech  againft  Walpole^  A.  D.  1741.  *  Sir,  It  is  a 
new  dodlrine  in  this  nation,  and  abfolutely  inconfift- 
ent  with  our  conftitution  to  tell  us  that  his  majefty 
may  and  oughr^  in  the  difpofal  of  offices  or  favours,, 
to  confider  gentlemen's  behaviour  in  this  houfe.  Let 
his  majefty  be  ever  lo  well  convinced  of  the  wifdom 
and  uprightnefs  of  his  meafures,  he  ought  not  to  take 
theleaft  notice  of  what  is  faid  or  done  by  any  particu- 
lar man  in  this  houfe.  He  is  a  traitor  to  our  confti- 
tution that  advifes  his  majefty  to  do  fo  ^. 

Nothing  can  be  imagined  more  impudent,  than  the 
attempt  of  fome  among  us,  to  lull  our  jealoufy,  which 
needs  all  the  eyes  of  Argus,  afleep,  by  telling  us,  it 
is  impoflible,  that  800  lords  and  commons  ihould  ever 
take  part  w  th  the  enemies  of  their  country,  or  its 
liberties.  Do  we  not  know,  that  in  the  four  laft 
years  of  queen  Annes  reign,  a  majority  in  the  houfe 
of  commons,  and  a  very  great  number  in  the  other, 

werp 


a  Use  and  Aeuseof  Parl.  ii«  714. 
b  Deb.  Com.  xiii.  I98, 


Chap.  IV.        DISQUISITIONS.  571 

were  in  the  interefl:  of  France  and  the  pretender,  and 
that  if  that  ill-advifed  princefs  had  not  dropped  at  the 
time  (he  did,  the  nation  was  in  the  utmoft  danger  of 
being  facrificed.     See  all  the  hiftories  of  thofe  times. 

The  majority  of  the  commons,  A,  D.  1709,  were 
whigs.  In  the  laft  four  years  they  were  tories.  Such 
is  the  influence  of  the  court  over  the  commons  ^, 
For  the  court  interpofes  both  in  the  eledions  of  mem- 
bers, and  in  their  votes  in  the  houfe. 

How  therefore  judge  BhckJIone  cou]d  bring  hlmfelf 
to  write  the  following  fcntence,  is  to  me  inconceiv- 
able. '  The  check  of  parliamentary  impeachment 
for  improper,  or  inglorious  conduvft,  in  beginning, 
condudling,  or  concluding  a  national  war,  is,  in 
general,  jufficienty  to  reftrain  the  minifters  of  the  crowa 
from  a  wanton,  or  injurious  exertion  of  this  great 
prerogative/  Was  the  check  of  parliamentary  im- 
peachment fufficient  to  reftrain  the  worthlefs  mini- 
ftries,  who  condudted  and  concluded  two  wars  in  a 
moft  infamous  manner,  one  in  the  memory  of  {oxi\^.^ 
and  the  other  of  many  now  living,  I  mean  the  war?, 
which  were  terminated  with  the  difgraceful  treaties 
of  Utrecht^  and  oi  Aix-la-Chapelle'?  Hov/  could  a 
man  do  his  coK:^ntry  a  greater  injury,  than  by  thus  la- 
bouring, as  the  judge  does  through  almoft  his  whole 
book,  to  purfuade,  that  every  thing  is  right y  when 
there  is  Jo  much  requiring  redrefs  ? 

^  As  private  liberty  cannot  be  deemed  fecure  under 
a  government,  whertin  law,  the  proper  and  foie 
feeurity  of  it,  is  dependent  en  will,  fo  public  liberty 
mud  be  in  danger,  whenever  a  free  conftitution,  the 
proper  and  fole  feeurity  of  it,  is  dependent  en  wili-y 

and 


a  Deb.  Com.  vi.  6o. 


372  POLITICAL  Book  V. 

and  a  free  conftitution,  like  ours,  is  dependent  on 
will,  whenever  the  will  of  one  eftate  can  diredl  the 
condudt  of  all  three  ^'  By  the  will  of  one  eftate  the 
author  means  the  will  of  the  king,  the  court,  or  the 
miniftry  ;  which  three  terms  are  always,  in  our  Britifi 
politics,  to  be  confidered  as  exadtly  fynonimous. 

It  is  fliocking  to  an  Englijioman  to  read  the  account 
given  by  a  French  author  cf  the  ftate  of  parliamentary 
corruption  in   our  country.     Tell   it   not    in  Gath : 
Publifli  it  not  in  the  ftreets  of  Ajkalon,     No  fooner, 
fays  Reynel^,  is  parliament  met,  than  the  parties  are 
formed ;  the  canvafling  begins,  and  the  cabals  clall\ 
againft  one  another.     Thole  who  hold  thefirft  places 
in  the  government,  endeavour  to  gain*  by  the  pen- 
fions,  places,  and  favours,  which  are  in  their  difpo- 
^al,  fuch  members  as  they  fland   in  need  of.     King 
William  faid,  If  a  king  ol:  England  h^d  places  enough 
to  give,  the  names  of  whig  and  tory  would   foon  be 
loft.     Thofe,  who  are  ncgleded,  unite  in  violently 
declaiming  againft  fuch  as  have  fufFered  themfelves  to 
be  gained,  &c.     And  again  S  '  The  peers,  efpecially 
the  bifliops,  have  not  that  credit  in  the  nation,  which 
they  ought  naturally  to  poffefs  ;    becaufe   it   is  ima- 
gined, they  are  almoft  all  dependent  on  the  court, 
either  on  account  of  favours  received,  or  hoped  for.' 
*  By  our  cpnftitution,'    (fays  Sir  William  Wyndham 
in  the  debate  upon  the  ipotion  for  repealing  the  fep- 
tennial  ad,  A.  D.  1734)    *  the    only  legal  method 
we  have  of  vindicating  our  rights  and  privileges  againft 
the  incroachments  of  ambitious  minifters  is  by  par- 
liament 3 


aDissERT.  UPON  Parties,  216. 

b  Hist.  Engl.  ParL;  277.  c  Ibid.  279. 


Chap.  IV.       DISQUISITIONS.  375 

liamcnt;  the  only  way  we  have  of  redifying  a  weak 
or  wicked  admlniftratiort  is  by  parliament  ^  the  only 
effedual  way  we  have  of  bringing  high  and  powerful 
criminals  to  condign  punifhment  is  by  parliament. 
But  if  ever  it  (hould  come  to  be  in  the  power  of  the 
adminlftration  to  have  a  majority  of  this  houfe  depend- 
ing upon  the  crown,  or  to  get  a  majority  of  fuch  men 
returned  as  the  reprefentative  of  the  people,  the  par- 
liament will  then  ftand  us  in  no  ftead  ;  it  can  anfwcr 
none  of  thefe  great  purpofes.  The  whole  nation  may 
be  convinced  of  the  weaknefs  or  thewickednefsof  thofe 
in  the  adminifcration,  and  yet  it  may  be  out  of  the 
nation's  power  in  a  legal  way  to  get  the  fools  turned 
out,  or  the  knaves  hanged.  This  misfortune.  Sir, 
can  be  brought,  upon  us  by  nothing  but  by  bribery 
and  corruption,  and  therefore  there  is  nothing  we 
ought  to  guard  more  againit  ^/ 

Afk  the  king  (for  the  time  being)  whether  he  thinks 
he  fhould  be  in  danger  of  lofmg  the  crown  of  thefe 
realms,  if  he  did  not  bribe.  He  will  an fwer  with 
indignation,  that  his  throne  is  edablifhed  upon  a  much 
furer  foundation.  Afk  the  minlHry,  whether  they 
think  they  muft  lofe  their  places,  or  their  heads,  but 
for  bribery.  They  will  perhaps  anfwer,  as  their  bet- 
ters did,  whenjuftly  charged,  '  Man,  J  know  not 
what  thou  faycft/  Alk  the  bribing  lord,  who  has 
half  a  dozen  rotten  boroflghs  in  his  fleeve,  whether 
he  means,  by  giving  the  beggarly  perjured  voters 
money,  to  biafs  tbem  from  electing  according  to  their 
confcicnces.  He  will  anfwcr,  Ke  had  rather  die, 
than  injure  his  dear  country.  Afk  the  bribing  can- 
didate, 


a  Deb.  Com.  viii,  192. 


374  POLITICAL  Book  V. 

didate,  Whether,  knowing  himfelf  not  likely  to  be 
chofen  for  his  merit,  he  means  to  buy  a  feat.  He 
will  anfvver.  He  goes  into  the  houfe  merely  with  the 
view  of  ferving  his  country.  Afk  the  venal  member. 
Whether  he  plunders  his  country  of  500/.  a  year  as  a 
reward  for  confulting,  in  every  vote,  her  good.  He 
will  anfwer,  He  votes  fpontaneoufly,  and  vyithout  any 
view  to  the  miniftcr's  approbation.  Aik  the  Comijh 
eledlor  how  he  anfwers  to  his  confcience  the  felling 
of  his  country.  He  will  anfwer.  He  takes  the  mo- 
ney, and  votes  according  to  his  confcience.  Thus, 
from  our  kings  (who  indeed  have  the  leaft  hand  in 
the  plot)  down  to  our  bought  borough  voters,  no 
one,  of  either  the  givers  or  receivers,  can  give  any 
account  why  any  thing  fhould  be  given  or  received. 

*  Thofe  men  are  undoubtedly  guilty  of  treafon, 
who,  being  entrufted  with  the  wealth,  fecurity,  and 
happinefs  of  kingdoms,  do  yet  knowingly  pervert 
that  truft  to  the  undoing  of  that  people,  whom  they 
are  obliged,  by  all  the  ties  of  religion,  juftice,  ho- 
nour and  gratitude,  to  defend^,'  Treafon  equally 
extends  to  thofe,  who  would  fubvert  either  houfe  of 
parliament,  or  the  rights  and  privileges  of  the  people, 
as  to  thofe  who  attempt  to  deftroy  the  perfon  of  the 
king,  or  dethrone  him.  For,  what  could  be  more 
abfurd,  than  to  fuppofe  it  to  be  the  higheft  crime  to 
attempt  to  deftroy  one  man  ftecaufe  this  one  man  is  a 
king  J  and  yet  not  to  fuppofe  it  the  higheft  crime  to 
deftroy  ih^i  people  for  whofe  benefit  alone  he  was  made 
king,  and  for  whofe  fake  indeed  there  ever  was  fuch 
a  thing,  as  a  king,  in  the  world. 

The 


a  Cato's  Lett,  i,  74, 


Chap.  IV.       DISQUISITIONS,  375 

The  great  corrupt  the  people,  (fays  Mr.  Gordoft^) 
by  all  manner  of  waySvrAnd  inventions,  and  then 
reproach  them  for  being  corrupt.  A  whole  nation 
cannot  be  bribed  ;  and  if  its  reprefentatives  are,  it  is 
not  the  fault  but  the  misfortune  of  the  nation  j  and 
if  the  corrupt  fave  themfelves  by  corrupting  others, 
the  people  who  fuffer  by  the  corruptions  of  both  are 
to  be  pitied  and  not  abufed.  Nothing  can  be  more 
fbamelefs  and  provoking  than  to  bring  a  nation  by 
execrable  frauds  and  extortions,  againft  its  daily  pro- 
teftations  and  remonftrances,  into  a  miferabls  pafs, 
and  then  father  all  thefe  villainies  upon  the  people 
who  would  have  gladly  hanged  the  authors  of  them. 
At  Rome  the  whole  people  could  be  entertained^ 
feafted  and  bribed  ;  but  it  is  not  fo  where  the  people 
are  too  numerous  and  too  far  fpread,  to  be  debauched, 
cajoled  and  purchafed  ;  and  if  any  of  their  leaders  are, 
it  is  without  the  people's  confent.  There  is  fcarce 
fuch  a  thing  under  the  fun  as  a  corrupt  people,  where 
the  government  is  uncorrupt;  it  is  that,  and  that  alone 
which  makes  them  io }  and  to  calumniate  them  for 
what  they  do  not  leek,  but  fuffer  by,  is  as  great  im~ 
pudence,  as  it  would  be  to  knock  a  man  down,  and 
then  rail  at  him  ior  hurting  himfeif. 

Thole,  who  complain  of  corrupt  and  wicked  mini- 
fters,  and  of  the  mifchiefs  they  produce,  do  in  fad: 
(as  obferved  by  Mr.  Hume  in  his  IVth  Polit.  Ess.) 
moft  feverely  fatirize  the  conflitution.  For  a  good 
conftitution  would  efFedtually  exclude,  or  defeat,  the 
bad  effeds  of  a  corrupt  admmiftration^  Is  there,  or 
has  there  been,  corruption  in  parliament  ?  I  (hould 

wonder 


a  Tracts,     i,     338*- 


376  POLITICAL  Book  V. 

wonder  If  any  man  would  deny,  that  corruption  ever 
prevailed  in  2l  Britifi  parljjjwrient.  If  it  has,  the  con^ 
flitutron  mufi:  be  iaulty,  and  wants  to  be  amended. 
The  revolution  flopped  up  only  fome,  not  all  the 
leaks  in  the  veffcl  of  the  ftate. 

Tindal  ovins  that  the  conftitutlon  was  not  fully 
eftablifhed  at  the  revolution,  owing  to  contefling 
parties  ^. 

*  When  the  ligiflatlve  and  executive  powers  are 
united,  there  can  be  no  public  liberty  ^/  They  will 
be  united  in  England^  whenever  parliaments  come 
to  be,  through  the  influence  of  corruption,  at  the 
abfolute  command  of  the  court.  This  is  the  danger 
of  all  dangers;  the  evil  of  all  evils. 

Nothing  can  be  imagined  more  cruel,  than  the  dif- 
appointment  an  unhappy  fubjed:  fuffers,  when  he 
meets  with  injuftice  precifely  where  he  had  a  right 
to  expedl  redreis,  I  mean,  at  law;  or  when  he  finds 
himfelf  cppreffed  by  thofe,  whom  he  looked  upon  a^ 
his  protedors,  I  mean,  the  goverment. 

*  When  corruption,  fays  Davenant  c,  has  feized 
upon  the  repreientatives  of  a  people,  it  is  like  a 
chronicle  difeafe,  hardly  to  be  rooted  out.  When 
fervile  compliance  and  flattery  come  to  predominate, 
things  proceed  from  bad  to  worfe,  till  at  lafl  the 
government  is  quite  diflolved.  Abfolute  monarchies 
are  in  danger  of  great  convulfions,  when  one  man, 
their  prince,  happens  to  be  weak  or  wicked  ;  but 
common  wealths,  or  mixed  conftitutions,  are  fafe  till 
the  chief  part  of  the  leading  men  are  debauched  in 
principles.     However,  monarchy  has  this  advantage, 

that 


a  CoNTiN.    I.  56. 

b  Blakjlone'^  Com.     i.  146,  c  11.  300. 


Chap.  IV.         DISQUISITIONS.         377 

that  the  one  man,  their  prince,  is  mortal,  and  if  bad, 
he  may  be  fuceeeded  by  a  better;  but  a  people  tho- 
roughly corrupted,  never  returns  to  right  reafon ;  and 
we  fee  that  the  depravity  of  manners,  which  began  in 
Rome  prefently  after  the  fecond  Punic  war  among  the 
nobility  and  gentry,  became  every  year  worfe  and 
worfe,  till  at  laft  Ccefar  deftroyed  the  common-wealth. 
And  after  his  time,  under  the  fucceeding  emperors^ 
every  fenate  grew  more  abjedl  and  complying  than 
the  other  ;  till  in  procefs  of  time  the  old  Roman  fpirit 
was  utterly  extinguidicd,  and  then  that  empire  by 
degrees  became  a  prey  to  barbarous  nations.' 

*  Hitherto  it  has  been  thought  the  higheft  pitch  of 
profligacy  to  own,  inftead  of  concealing  crimes,  and 
to  take  pride  in  them,  iqftead  of  being  afhamed  of 
them.^  But  in  our  age  men  have  foared  to  a  pitch  flill 
higher.  The  firfl  is  common  ;  it  is  the  pradiice  of 
numbers,  and  by  their  numbers  they  keep  one  ano- 
ther in  countenance.  But  the  choice  fpirits  of  thefo 
days,  the  men  of  mode  in  politics,  are  far  from  flop- 
ping where  criminals  of  all  kinds  have  flopped^  when 
they  have  gone  even  to  this  point  j  for  generally  the 
mod  hardened  of  the  inhabitants  of  Newgate  do  not 
go  fo  far.  The  men  I  fpeak  of,  contend,  that  it  is 
not  enough  to  be  vicious  by  pradice  and  habit,  but  that 
it  isnecelTary,  to  be  fo  by  principle.  They  make  them- 
felves  miflionarics  of  fadion,  as  well  as  of  corruptions 
They  recommend  both  ;  they  deride  all  fuch  as  ima- 
gine it  poflible  or  fit  to  retain  truth,  integrity,  and  a 
difinterefted  regard  to  the  public  in  public  life,  and 
pronounce  every  man  a  fool,  who  is  not  ready  to  ad: 
like  a  knave  ^.* 

Vol.  I.  i      C  c  c  Corruption 

! . 

a  Bolinghr,  Id£a  of   a  Patriot  Kino,   iSi, 


378  POLITICAL  BookV. 

Corruption  brings  a  government  into  contempt  not 
only  with  the  fubjeds,  but  with  foreigners.  A>  D. 
^735>  ^"  Walpoie\  dirty  adminiftration,  the  French 
fhewed  fuch  a  contempt  for  England^  that  they  pub- 
lifhed  an  edi<ft,  commanding  all  Englijh  fubjedts  in 
France t  to  quit  France  in  a  fortnight,  or  enlifl  in  their 
army,  on  pain  of  the  gallies.  To  the  fame  caufe  was 
owing  the  Spanijh  infolence,  which  they  carried  to 
fuch  a  height,  that  when  they  cut  off  capt.  Jenkins 
ear,  they  bid  him  carry  it  to  his  king,  and  tell  him 
they  would  ferve  him  fo,  if  they  could.  To  the  fame 
caufe  may  be  afcribed  the  infolence  of  the  Frencby 
A.  D.  1748,  in  demanding  (and,  Ofliame  io  Britain! 
obtaining)  hoftages  at  the  peace  of  Aix-la-Chapelle  5  and 
their  violating  that  treaty  by  hoftilities,  before  it  was 
well  figned  and  fealed.  Would  France y  or  Spaitjy  have 
dared  to  treat  England  fo  in  the  days  of  Cromwell 
or  of  Pitt?  But  parliament  defended^^^^/^  and  thtPeU 
hams  as  ftrenuoufly  as  they  would  the  wifeft  and  beft 
minifters.  Very  different  from  the  fpirit  of  the  fol- 
lowing, which  fpeaks  the  fenfe  of  every  free  and  ho- 
ned man,  who  ha«  ever  thought  on  the  fubjedt. 

*  Not  only  that  government'  (fays  the  brave  Fletcher 
oi  Scotland)  ^  is  tyrannical,  which  is  tyrannically  ad^ 
mtnillredy  but  all  governments  are  tyrannical,  which 
have  not,  in  their  conjiitution,  a  fufficient  Jecurity 
againft  arbitrary  powers'  Has  any  man  in  the 
world  the  impudence  to  fay,  this  nation  has  any  con^ 
jlttutional  fecurity  againft  arbitrary  power,  fuppofing 
parliament  by  intereft  attached  to  a  corrupt  court  ? 

Sir  Arnold  6'^^'<3^^,  fpeaker  of  the  houfe  of  commons 
under  Hen.  IV.  lays,  '  The  three  eftates,  king^  lords, 

'  and 

f 


a  Fletch,^,  9, 


Chap.  IV.       DISQUISITIONS.  379 

and  Gommons,  are  like  the  trinity,  three  in  one,  and 
ought  to  be  perfed:  in  unity,  or  agreement  ^,'  A 
wife  and  good  prince  will  always  agree  with  an  incor- 
rupt parliament ;  and  then  the  nation  might  fee,  with 
fatisfadion.  Sir  y^r«^/if  whimfical  idea  realized.  But 
it  is  eafy  to  imagine  a  condition  of  things,  in  which 
Athanaiianifm  would  be  as  little  defirable  in  the  ftate 
as  in  the  church.  I  mean,  fuppofing  a  weak,  a  wicked 
or  a  too  dudile  prince  on  the  throne,  a  defigning 
court,  and  a  houfe  of  lords  and  commons  attached  to 
its  villainous  interefts  and  views  by  places,  penfions, 
bribes,  contracts,  lotteries,  and  promifes.  In  fuch 
a  ftate  of  things,  all  men  of  honeft  and  independent 
principles  will  ever  be  profefled  heretics. 

'*  Setting  afide  the  dangers,  foreign  and  domeftic, 
that  arife  from  profufion  in  what  belongs  to  the  public, 
it  depraves  all  the  difFerentranksof  men  j  for,  in  profufe 
governments  it  has  been  ever  obferved,  that  the  people 
from  bad  example  have  grown  lazy  and  expenfive ;  the 
ciurt  has  become  luxurious  and  mercenary  ;  and  the 
camp  infolent  and  feditious.  Where  wafte  of  the 
public  treafure  has  obtained  in  a  court,  all  good 
order  is  banillied,  becaufe  he  who  would  promote  it 
and  be  frugal  for  his  prince,  is  looked  upon  as  a  com- 
mon enemy  to  all  the  reft.  Virtue  is  negleded,  which 
raifes  men  by  leifurely  fteps ;  whereas  vice  and  flattery 
will,  in  a  little  time,  under  a  miniftry,  who  mind 
not  what  is  given  away,  bring  a  man  to  a  great  eftate; 
nor  is  induftry  cultivated  where  he  docs  his  bufinefs 
fufficicntly,  who  knows  which  way  to  apply,  and 
how  to  begin  a  lucky  and  critical  moment :  And  at 
fuch  a  feafon,  many  of  the   people's  reprefentatives 

lofe 


aPARL.  Hist.  n.  65. 


jSo  POLITICAL  Book  V. 

lofe  their  integrity,  when  they  fee  others  running  from 
every  bench  [the  feats  in  the  houfe  of  commons  ]  to 
fiiare  in  the  univerftl  plunder  of  a  nation  ^"  *  Becaufe, 
in  all  their  doings  and  cotinfels,  corrupt  men  have 
never  had  any  view  but  their  own  private  profit,  they 
will  do  their  beft  to  perfuade  the  world  that  no  man 
acts  upon  principle  ;  that  all  is  fwayed  by  particular 
malice,  and  that  there  is  not  left  in  the  kingdom 
^ny  party  of  men  which  confults  the  public    good  ^.' 

It  is  fald,  we  have  lately  got  a  new  ftate  officer, 
called,  The;«/??//?^rof  the  houfe  of  commons,  which, 
being  interpreted,  fignifies,  I  fuppofe,  the  Nofe^ 
leader y  of  that  augufl  affembly.  It  is  alway?  to  be  un- 
derflood,  that  I  mean  no  refledion  upon  the  prefent 
times,  which  are  always  immaculate,  while  they  are 
prefent.  But  we  have  in  the  Lond.  Mag.  1767, 
an  account  of  this  officer,  as  follows  ^  *  The  marquis 
next  propofed  Mr.  C-^—nw — y  for  fecretary  of  flate, 
and  minifler  of  the  houfe  of  commons.*  On  which 
the  note  is,  *  This  officer  is  but  of  modern  inflitutidh, 
and  to  the  inexperienced  reader  may  require  fome 
explanation.  The  firfl  we  find  upon  record  is  he, 
who  in  Nov,  1755,  couched  his  firfl  written  inflruc- 
tions  in  the  following  words : 

*'  Sir,  the  king  has  declared  his  intention  to  make 
me  fecretary  of  ftate,  and  I  (  very  unworthy,  as 
I  fear  I  am,  of  fuch  an  undertaking)  muft  take  the 
condudf  of  the  houfe  of  commons  3"  [that  is,  I 
mufl  undertake  to  lead  the  houfe  into  all  the  fchemes 
of  the  court,  ]  **  I  cannot,  therefore,  well  accept 
the  office,  till  after  the  firfl  day's  debate,  which 
piay  be  a  warm  one  j"  [  becaufe  the   firfl  day   will 

fhew 


a  Da'ven*  1 1 1.  ^.  b  Ibid,  i ^. 


Chap.  IV.       DISQUISITIONS.  381 

fliew  the  comparative  flrength  of  the  courts  and  the 
oppofition.']  "  A  great  attendance  that  day  of  my 
friends"  [not  the  friends  of //^^r/y,  and  t\\t€onJlitiitiori\ 
*'  will  be  of  the  greateft  confequence  to  my  future 
fituation/'  [becaufe  it  will  (hew  the  oppofition,  that 
the  court  is  irreliftable\  *'  and  I  (hould  be  extremely 
happy  if  you  would,  for  that  reafon,  (hew  yourfelf 
amongft  them,"  [not  to  the  advantage  of  your  country^ 
but]  *'  to  the  great  honour  oi  H.  F."  &c.  a 

The   courtly   gentlemen,    like  church-men,    are 
wont  to  ftave  off  all   propofals  for  reformation,  by 
alledging  that  the  prefent  is  an  improper  time.     And 
we  have  feen  parliament  too  ready  to  come  into  theviews 
of  the  court.   But  Mr.  Sydenham  (hews  in  his  fpeech, 
A*  D.  1 745,  in  the  houfe  of  commons,  that  he  thinks 
checking  corruption   is  at  all  times  feafonable,  even 
though  a  rebellion  were  adtually  raging  in  the  heart 
of  the  country.     '  Sir,  I  am  furpriled  to  hear  gen- 
tlemen accufed  or  fufpecfted  of  a  defign  to  fubvert 
the  government  on  account  of  a  motion  calculated, 
in  my  opinion,    better  than  any  other  to  reconcile 
the  minds  of  the  people  to  our  prefent  eftabliOiment, 
and  to  induce  them  to  join  unanimoufly  and  heartily 
in  any  meafures,  that  may  be  neceffary,    for  defeat- 
ing the    prefent    rebellion.       Whatever  fpirit   may 
now  appear  among  the  people,    we   cannot  forget, 
Sir>    the   fpirit  that  appeared  fo  generally   aiTiOngft 
them,  but  a   little  while  before,  againft  corruption, 
and  in^  favour  of  thofe  bills   that  have  already  been 
feveral  times  offered  to  parliament  for  preventing  it/ 
^— And  afterwards — '  We  are  not  to  fuppofe.  Sir,  that 

the 


a  LoND.  Mac.  1767,  p.  452. 


S82  POLITICAL  BookV.' 

the  people  have  forgot  their  complaints,  becaufe  they 
have  not  renewed  them  upon  this  occafion.  They 
have  fo  long  complained  in  vain,  and  have  lately 
been  fo  much  difappointed  by  thofe  upon  whom  they 
chiefly  relied,  that  I  am  afraid,  their  not  renewing 
their  inftrudions  to  their  members,  proceeds  from 
their  defpair  of  ever  meeting  with  redrefs  from  par- 
liament. But  will  this  remove  or  diminifli  their 
difcontent?  On  the  contrary,  we  have  more  reafon 
to  dread  their  filence,  than  we  ever  had  to  dread 
their  murmurs ;  for  mankind  refemble,  in  this,  that 
animal  which  is  their  mod  faithful  fervant ;  while 
they  bark  they  never  bite.  Have  they  ceafed  com- 
plaining ?  As  they  have  yet  received  no  fatisfadlion, 
we  have,  from  the  nature  of  mankind,  juft  reafon 
to  prefume,  that  they  have  begun  to  think  of  ad-? 
ing;  and  this,  at  fuch  a  dangerous  conjunflure, 
we  ought  to  prevent,  by  giving  them,  as  foon  as  pof- 
fible,  an  aflurance  that  they  may  expedl  redrefs 
from  this  feflion  of  parliament/ — Afterwards  he  goes 
on — *  The  hon.  gentleman  fays,  he  fhould  be  againft 
the  introducing  of  fuch  bills  while  there  is  a  rebel- 
lion raging  in  the  kingdom,  becaufe  he  thinks,  we 
may  have  an  opportunity  to  get  them  pafled  after 
the  rebellion  is  entirely  extinguiflied.  If  I  thought 
fo,  Sir,  I  Ihould  be  very  willing  to  have  them  de- 
ferred till  the  next  feffion ;  but  if  we  do  not  catch 
this  opportunity,  when  fome  gentleman's  perfonal 
fafety  may  prevent  their  oppofition,  I  am,  both 
from  reafon  and  experience,  convinced,  we  {hall 
never  be  able,  in  a  peaceable  manner,  to  get  any 
fuch  bill  pafTcd  into  a  law.  The  fet  of  gentlemen 
I  have  mentioned,  w^ill  always  oppofe  fuch  bilk, 
becaufe  it   is  their  intereft  not  only  to  fupport,  but 

to 


Chap.  IV.        DISQ^UISITIONS.  383 

to  propagate  corruption  j  and  from  experience,  I 
am  convinced,  that  they  will  always  have  fo  much 
influence  as  to  get  a  majority  in  this  houfe  for  pre- 
venting any  fuch  bill's  being  brought  in,  or  a  majority 
in  the  other  houfe  for  having  it  rejeded.  This  I 
am  the  more  convinced  of,  from  what  the  hon.  gen- 
tleman, and  a  worthy  friend  of  his,  have  faid  againft 
the  amendment.  There  is  a  thing  called  proper  or 
feafonable  opportunity,  that  will  always  furnifh  a 
man  with  a  pretence  for  oppoling,  when  a  minifter, 
thofe  bills  and  motions,  which  he  patronized,  when 
a  country  gentleman  ;  and  I  have  now  feveral  gentle- 
men in  my  eye,  who,  I  believe,  will  always  declare 
themfelves  zealous  for  preventing  a  corrupt  influ- 
ence in  parliament,  or  at  elections,  but  will  never, 
as  long  as  they  continue  minifters,  or  the  favourites 
of  minifters,  find  a  feafonable  opportuntiy  for  bring- 
ing in  an  effedtual  bill  for  that  purpofe.  Such  gen- 
tlemen may  perhaps  confider  the  dangerons  confe- 
quence  of  throwing  out  a  popular  bill  at  this  jundure, 
therefore,  tho*  they  know  it  will  breed  tnltn  a  great 
deal  of  trouble  hereafter,  they  may  for  their  imme- 
diate fafety,  agree  to  its  being  pafl^ed  into  a  law. 
If  they  and  their  friends  agree  to  it,  I  will  engage 
that  no  fuch  bill  fhall  occafion  any  divifion  or  alter- 
cation amongfl:  us  j  and  we  may  with  the  more  free- 
dom embrace  this  opportunity,  becaufe  fuch  a  bill 
can  no  way  prevent  or  retard  any  thing  the  parlia- 
ment can  do  for  defeating  the  rebellion. — After-^ 
wards  he  adds — *  The  people  of  Britain  have  been 
long  grumbling :  Give  them  fatisfaftion.  Let  them 
fee  they  have  fomething  to  fight  for,  I  warrant  you 
they  will  do  it.  But  under  an  arbitrary  govern- 
ment, whether  eftabliflied  by  force  or  corruption, 

the 


384  POLITICAL^  BookVi 

the  people  have   neither   liberty  nor  property ;  and 
in  this  age  I  doubt   much  if  they  will   fight  obfti- 
nately  for  their    religion,  even    fuppofing  they  v^ere 
all  convinced  of  its  being  at    ftake.  I  therefore  hope, 
Sir,  that  we  fliall  in  this  feffions  (come  of  the  rebel- 
lion what  will)  pafs  foms  proper  bills  for  preferving 
our  conftitution  and  liberties  againft  corruption  ;  and 
if  we  are  refolved  to  pafs  any  fuch  bills  in  this  feffion, 
we  ought  to  intimate  our  refolution  in  our  addrefs  upon 
this  occafion,  in  order  to  encourage  the  people  to  ftand 
by  and  fupport  the  prefent  eftablifhment  in  this  time 
of  imminent  danger/ — Afterwards  he  adds — *  Does 
not  his  majefty  tell  us  that  he  has  called  us  together, 
to  give  him  our  immediate  advice  as  well  as  affiftance 
with    regard    to   the  rebellion,    ftill    continuing   in 
Scotla7id?  Can   we  give   him  our  advice  in  a  more 
deliberate   and   authentic  manner^  than    by  framing 
and  paffing  fuch  bills  as    we   think   will  beft  induce 
the  people   to    affift    him  heartily  ?  We   cannot    do 
this  immediately,  and    therefore   by  way  of  anfwer 
to  this  pOT  of  his  fpeech,   we  ought  to  tell  him  im- 
mediately, that  is  to   fay   by    our  addrefs,  that  we 
will  do  fo.     There  is  another  part   of  his   majefty's 
fpeech.  Sir,  which,  in  my  opinion,  will  ftand  with- 
out any  thing  like  an  anfwer,  if  this  amendment  be 
not  agreed   to.      His    majefty    tells    us   he   queftions 
not  but  the  rebellion  will  end    in  procuring   greater 
ftrength  to  that  excellent  conftitution,  which  it  was 
defigned  to  fubvert.     In  anfwer  to  this,  is  it  not  very 
proper  to  tell  his  m.ajefty,  that  we  fliall  take  care  in 
this    feffion    to  frame    fuch   bills    as,  if  paflcd    into 
laws,  will  add  ftrength  to  our  excellent  conftitution. 
Is  then  any  thing  more  proper  or  neceflary   for  add- 
ing ftrength  to  our  conftitution,  than   that  of  pre- 
venting 


Chap.  IV.        DISQUISITIONS.  385 

venting  a  corrupt  influence  in  parliament  or  at  elec- 
tions ?  This  amendment  is  therefore  not  only  a 
proper,  but  a  neceiTary  return  to  that  part  of  his  ma- 
jefty's  fpecch :  I  fay  neceflary;  Sir,  becaufe  I  think  it 
abfolutely  ncceffary  for  us,  in  a  time  of  fach  danger, 
to  take  the  firfl:  opportunity  to  affiire  the  people  of 
their  having  that  grievance  redrefled,  which  ihcy 
have  long  and  loudly,  but  vainly  hitherto,  complained 
of;  and  becaufe,  without  this  amendment,  not  only 
our  addrefs  will  appear  defedive,  but  we  ihali  appear 
deficient  in  our  duty  to  our  fovereign,  for  there  will 
be,  otherwife,  not  a  word  of  anfwer  to  this  material 
part  of  his  majefty's  fpeech,  nor  one  word  of  advice, 
or  any  thing  that  looks  like  it,  though  his  majefly 
has,  in  his  fpeech,  cxprefsly  told  us,  that  for 
this  very  purpofe  he  called  us  together  fooner  than  he 
intended.  And  now  to  conclude,  Sir,  as  the  hon. 
gentleman  was  pleafed  to  tell  us  what  the  world 
will  think  of  thole  that  infift  upon  this  amendment, 
I  fliall  beg  leave  to  tell  him,  what  in  my  opinion  the 
world  will  think  of  thofe  that  oppofe  it.  The  world 
will,  I  am  fure,  generally  approve  of  the  amendment, 
and  all  will  conclude,  thaS  if  it  had  been  agreed  to,  it 
would  have  done  great  and  immediate  fervice  ;  there- 
fore, every  man  will  (ay  that  the  oppofers  of  this  a- 
mendment,  notwithilanding  their  open  pretences, 
are,  in  fecret,  friends  to  corruption  -,  and  that  they 
have  a  greater  regard  to  the  intereft  and  eafe  of  thofe 
who  are  now,  or  may  hereafter  be,  our  miniflers, 
than  they  have  to  the  fecurity  of  their  fovereign,  the 
happinefs  of  their  country,  or  the  liberties  of  their 
countrymen  \' 

Vol.  I.  Ddd  Sir 


Jlm.DzB.  Com.  ii.  347, 


:> 


86  POLITICAL  Book  V. 


Sir  Francis  Dajkwood  on  that  occafion,  propofed, 
that  the  following  paragraph  ihould  be  inferted  in  the 
addrefs  of  the  commons ;  '  In  order  to  the  firmer 
eftablifhment  of  his  majefly's  throne  on  the  folid  and 
truly  glorious  bafis  of  his  people's  affedions,  it 
fhall  be  ©ur  zealous  and  fpeedy  care  to  frame  fuch 
bills  as  (if  paffed  into  laws)  may  prove  moft  effec- 
tual for  fecuring  to  his  majefty's  faitbfuJ  fubjeds 
the  perpetual  enjoyment  of  their  undoubted  right, 
to  be  fv^t'ly  and  fairly  reprelented  in  parliaments, 
frequently  chofen,  and  exempted  from  undue  in- 
fluence of  every  kind  ;  for  caling  their  minds  in 
time  to  come,  of  iht  apprehenfions  they  might  en- 
tertain of  feeing  abufes  in  offices  rendered  perpetual, 
without  the  feafonable  interpofition  of  parliament 
to  reform  them ;  and  for  raifing  in  every  true  lover 
of  his  king  and  country,  the  pleafmg  hopes  of  be. 
holding  thefe  realms  once  more  reftored  to  that  happy 
and  flourishing  ftate  which  may  refled  the  higheft 
honour  on  his  majefly'a  reign,  and  caufe  pofterity  to 
look  back  with  veneration  and  gratitude  on  the 
fource  of  their  national  felicity  ^' 

Many  ages  have  pafled  fmce  the  firft  tampering  with 
parliaments.  It  is  not  eafy  to  underftand  how  a  wicked 
court  flhould  be  able  to  mif-lead  a  parliament  with- 
out money,  or  other  baits;  but  we  have  inftances  of 
it.  In  antient  times  our  members  of  the  houfe  of 
commons  were  very  ignorant,  poor,  and  brought  up 
by  the  priefls  with  notions  of  flavifti  fubmiflion  to 
their  barons  or  to  their  kings.  The  commons,  there- 
fore, too  often  confcnted  to  their  own  deception  and 
enflaving.     In   more    enlightened   times  our  parlia- 

^   ments 


a  Jim*  De^^  Com,  u.  335, 


Chap.  IV.     DISOUISITIONS.  387 

ments  have  been  fairly  bribed  with  places,  penfions, 
eontradts,  lotteries,  &c. 

There  was  a  villainous  packed  parliament  under 
tiich,  IL  A.  D,  1397.  The  king  had  changed  all  the 
fherifFs,  and  put  in  wretches  attached  to  himfelf.  All 
the  public  offices  were  put  into  the  hands  of  his  crea- 
tures. The  king  nominated  the  members  for  each 
place,  and  the  placemea  fupported  the  king's  nomina- 
tion. The  parliament  in  1386,  had  obtained  the 
removal  of  the  villainous  favourites,  the  earls  of 
Oxford,  Suffolk,  &c.  All  the  ads  of  that  upright 
parliament  were  repealed,  and  every  thing  done  to 
advance  the  prerogative  above  the  laws.  •  Many  brave 
patriots  were  put  to  death,  and  the  barbarous  king 
chofe  to  be  orefent  at  fomc  of  thefe  horrid  fcenes. 
They  give  wp  all  their  authority  to  twelve  lords,  and 
fix  commoners,  the  moft  devoted  to  the  king's  will, 
*  This  inftance'  (fays  Rapin  a)  '  (liews  that  it  is  not 
impoflibe  but  that  the  very  parliament,  which  is 
defigned  to  maintain  the  privileges  of  the  nation, 
may  throw  it  into  flavery,  when  fuch  affemblies  are 
diredled  by  ^popular  factions,'  [popular  factions  are 
always  produced  by  tninijlerial  opprefTion  5  the  people 
of  themfelvcs  are  inclined  to  be  quiet^  ^  or  the  cabals 
of  an  ambitious  prince,  which,  either  by  running 
the  prerogative  down  too  low,'  [prerogative  too  lov/ 
is  hardly  conceivable]  *  or  fcrcwing  it  up  too  high, 
has  often  produced  diforder,  and  deftroycd  all  law, 
inftead  of  procuring  the  welfare  of  the  kingdom.' 

Enquiry  was  made,  A.  D.  1550,  into  the  ma- 
nagement of  public  money.  Few  concerned  (fays 
Rapin  ^)  but  v/cre  found  guilty  of  fome  miidemeanor. 

400,000  /• 


a  Act.  Reg.  ii.  14,  17.  b  11.  20. 


388  POLITICAL  Book  V. 

400,000/.  were  fent  from  Spain  (fays  Burnet.  I  have 
omitted  quoting  vol,  and  page)  to  bribe  the  parlia- 
ment to  approve  of  queen  Mary%  marriage*  with  Phi- 
Up.  The  marriage-bill  paffes  immediately.  And  four 
bills  againft  heretics  in  one  feffion.  Such  was  the 
power  cf  SpaniJ};}  gold  ^. 

Philip  brings  part  of  the  promifed  money  with  him. 
The  money  brought  from  Spain  produced  fuch  effefts, 
that  moft  of  the  reprefentatives  only  wanted  occaficns 
to  fignaJize  their  zeal  for  the  queen  b. 

Oi  James  Ift's  time  it  is  obferved  by  Mr.  Bume"^^ 
that  *  So  little  fkill,  or  fo  fmali  means,  had  the  court 
in  his  reign  for  managing  parliaments,  that  this  houfe 
of  commons  (hewed  rather  a  ftronger  fpirit  of  liber- 
ty than  the  former.'  What  a  leffon  does  this  fen- 
tence  leach  !  In  our  times  it  is  computed  ^  that  the 
court  has  in  its  difpofal  feveral  millions  a  year.  If 
fo,  our  court  has  -great  *  means  for  managing  parlia- 
ments, and  therefore  our  houfe  of  commons  is  not 
likely  to  (hcw  much  of  the  fpirit  gf  liberty/ 

The  militia  bill  paffed  the  lords,  A.  D.  1661,  by 
which  it  is  declared,  that  neither  lords  ner  commons 
conjundly  nor  feverally,  nor  the  people  feverally  or 
reprelentatively,  have  any  power  over  the  perfon  of 
the  Idng,  and  that  the  king  alone  has  the  power  of 
al:  forces  by  fea  and  land,  and  all  (hips,  fortifica- 
tions, &c.  exclufive  of  parliament.  And  that  no 
war  can,  on  any  pretence  whatever,  be  raifed  againft 
tl-e   king^.     At  the  fame  time,    an  oath   is    to  be 

taken 


a  Parl.  Hist.  hi.  302,  308, 

h  Rap.  I  I.  39,  40. 

c  //&»2<?*s  Hist.  Stuarts,  1.47. 

^  6ee  above,  p.  269,  et/eq,        e  Deb.  Lords,  i,  42. 


Chap.  IV.         DISQUISITIONS.         389 

taken  by  all  lord  lieutenants,  deputy  lieutenants, 
officers  and  foldiers,  that  it  is  on  no  pretence  lawful  to 
take  arms  againft  the  king,  or  thofe  commiffioned  by 
him,  *  which  feemed  (fay  the  coUedors  of  the  de- 
bates) to  be  giving  up  the  conftitution,'  efpecially 
when  it  was  declared  unlawful  to  take  arms  againft 
any  perfon  commiffioned  by  the  king.  This  was 
debated,  but  it  was  left  in  the  oath,  becaufe,  faid 
thofe  flavifli  peers  and  commoners,  any  perfon  unlaw-- 
fully  commiffioned,  is  not  commiffioned.  Thus  they 
left  the  liberties  of  England  on  the  precarious  founda- 
tion of  a  logical  diftindtion. 

The  people  in  the  time  of  Charles  Id's  tyranny, 
petitioned  for  a  parliament.  We  have  (ctn  the  peo- 
ple, in  the*time  of  George  III.  petition  for  the  diffo- 
lution  of  parliament.  In  Charles  s  time,  the  people's 
entire  confidence  was  repofed  in  the  parliament. 
The  influence  of  the  court  in  our  houfe  of  commons 
has  in  great  meafure  deftroyed  our  dependence  upon 
it.  In  thofe  times  one  independent  parliament  (uc- 
cecded  to  another.  The  fame  fpirit  reigned,  though 
the  individuals  were  changed.  In  fucceeding  times, 
one  fet  of  flaves  has  followed  another,  and  the  fame 
corrupt  fpirit  run  through  parliament  after  parlia- 
ment a.  « 

Charles  II.  is  thought  to  be  the  firft  king,  who 
bought  the  votes  of  members  of  parliament. 

What  a  picture  does  the  great  and  good  Sidney 
draw  of  the  corruption  prevailing  in  Rngiaiid  in  the 
beginning  of  the  reign  of  that  prince,  in  his  letter 
in  anfwer  to  his  friends  advifing  him  to  return  from 
his  voluntary  banifhment  on  the  paffing  of  the  adt  of 
indemnity  b. 

I  con- 

■— ■— ^-p  — — — — ^— i— — ^—     I II    I 

a  See  the  Debates. 

b  Somers's  Tracts,  vii.  8i. 


390  POLITICAL  Book  V. 

«  I  confefs  (fays  he)  we  are  naturally  inclined  to 
deli^^ht  in  our  own  country,  and  I  have  a  particular 
love  to  mine :  I  hope  I  have  given  fome  teftimony 
of  it ;  I  think  that  being  exiled  from  it  is  a  great 
evil,  and  would  redeem  myfelf  from  it  with  the  lofs 
of  a  great  deal  of  my  blood.  But  when  that  country 
of  mine,  which  ufed  to  be  efteemed  a  paradife,  is 
row  like  to  be  made  a  ftage  of  injury;  the  liberty 
which  we  hoped  to  eftablilli,  oppreffed,  all  manner 
of  profanenefs,  loofenefs,  luxury,  and  lewdnefs, 
iet  up  in  its  height  5  inftead  of  the  piety,  virtue, 
fobriety,  and  modcfty,  which  we  hoped  God  by  our 
hands  would  have  introduced ;  the  beft  of  our  nation 
made  a  prey  to  the  worft ;  the  parliament,  court, 
and  army,  corrupted ;  the  people  enflaved  ;  all 
things  vendible ;  and  no  man  fafc,  but  by  fuch  evil 
and  infamous  means,  as  flattery  and  bribery  5  what 
joy  can  I  have  in  my  own  country  in  this  condi- 
tion ?  Is  it  a  pleafure  to  fee  all  that  I  love  in  the 
world  fold  and  deftroyed  ?  Shall  I  renounce  all  my 
old  principles,  learn  the  vile  court  arts,  and  make 
my  peace  by  bribing  fome  of  the  crew?  Shall  their 
corruption  and  vice  be  my  fafcty  ?  Ah  !  no ;  better 
is  a  life  among  ftrangers,  than  in  my  own  country 
upan  fuch  conditions.  Whilft  1  live  1  will  endea- 
vour to  preferve  my  liberty  ;  or  at  leaft  not  confent 
to  the  dcftroying  of  it.  I  hope  I  fliall  die  in  the 
fame  principles  m  which  I  have  lived ;  and  will  live 
no  longer  than  they  can  preferve  me.  1  have  in  my 
life  been  guilty  of  many  follies,  but  as  I  think  of  no 
meannefs.  I  will  not  blot  and  defile  that  which  is 
paft,  by  endeavouring  to  provide  for  the  future.  I 
have  ever  had  in  my  mind,  that  (hould  God  caft  me 
into  fuch  a  condition,  as  that  I  cannot  fave  my  life, 

but 


Chap.  IV.         DISQUISITIONS.  391 

but  by  doing  an  indecent  thing,  he    (hews   me   the 
time  is  come  wherein  I  (hould  refign  it ;  and  when 
I  cannot  Hve    in    my   own    country,    but  by   fucb 
means  as  are   worfe  than   dying  in  it;  I  think   he 
fhews  me    I  ought  to   keep   myfelf  out  of  it.     Let 
them  pleafe   themfelves  with  making  the  king  glo- 
rious, who  think  a  whole  people  may  juflly  be  facri- 
ficed  for  the  intereft  and  pleafure  of  one  man,  and  a 
few  of  his  followers ;  let  them  rejoice  in   their  fub- 
tilty,    who   by  betraying  the    former    powers  have 
gained  the  favour  of  this ;  not  only   preferved,  but 
advanced   themfelves     in    thefe    dangerous    changes 
Neverthelefs    (perhaps)    they    may    find    the  king's 
glory  is  their  (hame ;  his  plenty  the  people's  mifery  j 
and  that  the  gaining   of  an  office,  or  a  little  money, 
is  a  poor  reward  for  deftroying  a  nation,  which  if  it 
were  preferved   in  liberty,  and  virtue,    would   truly 
be  themofl:  glorious  in  the  world.     And  others  per- 
haps may  find  they  have  with  much  pains  purchafed 
their  own  fliame  and  mifery,  a  dear   price  paid  for 
that  which  is  not  worth  keeping,  nor  the  life  that  is 
accompanied  with  it.     The  honour  of  Englijlo  par- 
liaments has  ever  been  in  making  the  nation  glorious 
and  happy,  not  in  felling  and  deftroying  the  intereft 
of  it,  to  fatisfy  the  luftof  oneman.  Miferable  nation, 
that  from  fo  great  a  height  of  glory  is  fallen  into  the 
moft  defpicable  condition  in  the  world,  of  having  all 
its  goods  depending  upon  the  breath   and  will  of  the 
vileft   perfons  in  it !  Cheated  and  fold  by  them  they 
trufted  !    Infamous  traffic,    equal   almoft  to  that  of 
"^udas  1  In   all  precedeing  ^ges  parliaments  have  been 
the  pillars  of  our  liberty,    the  fure  defenders  of  the 
opprefled  :    They,  who  formerly  could   bridle  kings, 
and  keep  the  ballance  equal  between  them  and  the 

people. 


392  POLITICAL  Book  V. 

people,  are  now  become  the  inftruments  of  our 
oppreliions,  and  a  fword  in  his  hand  to  dcftroy 
us :  They  themfelves  being  led  by  a  few  interefted 
perfons,  who  are  wilh'ng  to  buy  offices  for  themfelves 
by  the  mifery  of  the  whole  nation,  and  the  blood  of 
the  moft  worthy  and  eminent  perfons  in  it,  &c/ 

The  colledors  of  the  debates  of  the  commons  have 
given  us  a  curious  lift  of  pen  (ions,  and  penfioners, 
and  their  charadlers  in  the  penfion  parliament  a, 
from  a  fcarce  tradl  publifhed  at  the  time,  entitled, 
A  feafonable  Argument  to  perfuade  all  the  Grand  Ju- 
ries in  England,  to  petition  for  a  new  Parliament. 
Or,  A  Liji  of  the  principal  Labourers  in  the  great 
Defig  n  of  Popery  and  arbitrary  Power y  &c,  A  reward 
of  200/.  was  oHered  by  proclamation  for  difcovering 
the  author.  He  gives  an  exa6t  account  of  all  the 
emoiuments  and  advantages  enjoyed  by  above  200 
menr.bers.  His  manner  is  whimfical  enough.  1  will 
copy  a  few  of  his  articles  for  thereader*s  amufemcnt. 

.   *  Readi?2g,  Sir  Francis  Doleman  has  200/.  per,  ann* 
penfion,  and  was  affifted  by  the  court  in  the  cheat- 
ing will,  by  which  he;   got  ^arles\   eftate,  valued 
at  1600/.     Is  now  clerk  of  the  council,  'worth  500/. 
per  ann.   and  is  promifed  to  be  fccretary  of  ftate. 

Buckinghamjb,  Sir  Richard  ^emple^  commifiioner 
of  the  cuiloms,  worth  1 200/.  per  ann. 

Buckingh.  town.  Sir  William  Smithy  as  honeft  as 
fir  Richard. 

Cambridge  town.  William  lord  AlUngton,  in  debt 
very  much,  a  court-penfioner,  and  in  hopes  of  a 
white  flafF.     A  cully. 

Chejhire. 


a  Deb,  Com.  v.  Append,  15% 


Chap.  IV.        D I S  Q^U  I  S  I T  I O  N  S.  393 

*  Chejhire,  Thomas  Cholmondely^  promifed  a  great 
place  at  court.  Not  only  deceived,  but  laughed  at. 
Poor  gentleman  ! 

*  CornwaL  Sir  Jonathan  TreJaw?7ey,  bart.  one  who 
is  known  to  have  (worn  himfelf  into  4000  /.  at  lead 
in  his  account  of  the  prize-office.  Controller  to  the 
duke,  and  has  got,  in  gratuities,  to  the  value  of 
10,000/.  befides  what  he  is  promifed  for  being  an 
informer. 

'  hancejlon.  Sit  Charles  Harboardy  furveyor- general. 
Has  got  100,000/.  of  the  king  and  kingdom*  Was 
formerly  a  folicitor  of  Staples  Inn,  till  his  lewdnefs 
and  poverty  brought  him  to  court. 

*  Devonjb,  Sir  Capeidon  Bamfield,  bart.  much  ad- 
dided  to  tippling,  prefented  to  the  king  by  his  pre- 
tended wife,  Betfy  Roberts,  in  Pall- Mali. 

*  Honiton,  Sir  Peter  Prideaux,  Conftant  court- 
dinners/  and  ^^ooL  per  ann.  penfion. 

*  Weymouth.  Sir  Winjlon  Churchill — now  one  of  the 
clerks  of  the  green  cloth.—- Preferred  his  own  daugh- 
ter to  the  duke  of  York,  and  has  got  in  boons, 
10,000/.  Has  publiilied  in  print,  that  the  king  may 
raife  money  without  parliament. 

*  Durham.  John  Tempejt,  Efq;  a  papift,  a  pen- 
fioner,  and  a  court-dinner  man.  Has  got  a  cufto- 
mer*s  [cuftom-houfe  officer's]  place  at  Hull  for  his 
fon. 

*  Harwich.  Thomas  King,  Efq;  a  penfioner  for 
50/.  afeffion,  meat,  drink,  and  now  and  then  a  fuit 
of  clothes. 

*  Maiden.  Sir  Richard  Wifeman,  1000/.  a  year 
penfion,  and  keeper  of  one  of  the  treafurer's  public 
parliamentary  tables. 

Vol.  I.  E  e  c  '  Winchepr. 


394  POLITICAL  Book  ¥• 

^  Winchejier.  Sir  Robert  Holmes,  jfirft  an  IriJJj 
livery-boy  ;  then  a  highwayman  ^  now  bafliaw  of  the 
yieof  Wight.  Got  in  boons,  and  by  rapine,  loo^ooo/. 
The  carfed  beginner  of  the  two  Dutch  wars. 

'  Stcckbridge.  Sir  Robert  Howardy  auditor  of  the 
receipts  of  the  exchequer,  3000/.  per  ann.  Many 
great  places  and  boons,  he  has  had  \  but  his  wh— 
U^/6//fpends  all,  and  nowrefufes  to  marry  him. 

*  Newton,  in  the  IJleof  Wight.  Sir  John  Holmes, 
Sir  Robert's  brother,  a  cowardly,  baffled  lea-captain, 
twice  boxed,  and  once  whipped  with  a  dog-whip ; 
chofen  in  the  night  without  the  head-officer  of  the 
town,  and  but  one  burgefs  ^yet  voted,  this  the  laft  fef- 
iion,  well  eledled. 

*  Weobley,  Sir  'Thomas  Williams,  king's  chemift.— . 
Has  got  40,000/.  by  making  provocatives  for  lechery 
— &c.' 

He  concludes  with  an  apology  for  undervaluation s^ 
or 'omiffioDS ;  and  mentions,  that  the  houfe  was 
lately  told  by  feme  of  their  own  members,  '  That 
there  were  among  them  fevcral  papifls,  fifty  out-laws, 
and  penfioners  without  number/ 

Many  of  Charles  Il's  long  parliament  *  were  ruin- 
ed in  their  fortunes,  and  lived  ujjon  their  privileges 
and  penfions.  They  had  got  it  among  them  for  a 
maxim,  which  contributed  not  a  little  to  our  prefer- 
vation,  while  we  were  in  fuch  hands,  that,  as  they 
muft  not  give  the  king  too  much  at  a  time,  left  there 
fhould  be  no  more  ufe  for  them,  fo  they  were  to  take 
care  not  to  ftarve  the  court,  left  they  themfelv^s 
(hould  be  ftarved  by  that  means  ^' 

Speaking 


a  Burnetii  Hist,  own  Times,  i.  545, 


Chap.  IV.        DISQUISITIONS.  395 

Speaking  of  the  few  honeft  men  of  thofe  times,  he 
goes  on  thus,  *  Thefe  were  the  chief  men*  [Coven^ 
try^  Bircb,  Waller^  &c.]  *  that  preferved  the  nation 
from  a  very  deceitful  and  pradiiing  court,  and  a  cor- 
rupt houfe  of  commons.  And  by  their  fkili  and  firm- 
nefs  they^  from  a  fmall  number,  who  began  the  op- 
pofitioif,  grew  at  lad  to  be  the  majority/ 

*  At  firft  this  trade  (of  bribing  the  members)  was 
fecretly  carried  on,  but  after  Clifford'^  advancement 
to  the  treafury,  it  was  fo  openly  pradifed,  that  rnens 
iiames  and  prices  were  publickly  known/  No  won- 
der the  king's  money  went.  Bribery  was  not  then 
reduced  to  a  fyftemj  fo  that  the  king  could  not  get  a 
majority  in  the  houfe  of  commons,  and  his  (chemes 
were  fo  frightful,  that  he  could  not  bribe  high  enough. 
Fie  diffolved  the  penfioned  parliament,  and  never  got 
one  to  his  purpofe  after  ^. 

The  judicious  author  of  a  tradl  entituled,  Danger 
OF  MERCENARY  PARLIAMENTS,  firft  printed,  A.  D. 
1698,  ^  afcribes  to  the  penfion-parliament  under 
Charles  II.  '  the  formidable  greatneis  of  Fra?ice  i  the 
prodigious  expences  of  the  late  feigned  and  col- 
lufive  war  5  (the  money  given  for  it  being  em- 
ployed either  in  fubduing  the  fulyeds  at  home,  or 
oppreffing  our  proteftant  neighbours  abroad)  the 
flourifhing  ftate  of  the  Fre?2ch  n^vy  (timber,  mariners, 
cannon,  and  bullets  being  furnifned  them  from  the 
Tower,  which  occafioned  Charles  lid's  boaft,  that  he 
bad  made  his  brother  of  France  a  feaman,  all  to 
pleafc  a  French  v^Ai-^  ^erouiilk^  afcerwards  duchefs 
oi PortfmQUthJ  the  attack  upon  the  charters  of  cities; 

the 


a  Rapin,  li.  701. 

J)  St.  Tracts,  time  of  king  JVHUaTi,  11.  638. 


396  POLITICAL  Book  V. 

the  death  of  feme  of  our  beft  patriots ;  the  encou- 
ragement of  popery  -,  the  decay  of  trade  5  the  growth 
of  arbitrary  power  ;  the  ill  effeds  of  diflionourable 
leagues  ;  the  fhutting  up  of  the  exchequer  -,  the  pro- 
grefs  of  all  forts  of  debauchery  j  the  fervile  compliances 
at  court  of  a  rampant  hierarchy  ;  the  infolent  de- 
portment of  the  inferior  clergy  both  in  the  uftivcrfi- 
ties  and  elfewhere ;  the  flavifh  dodrine  of  paffive 
obedience  and  non-refiftance ;  with  the  almoft  total 
extirpation  of  virtue  and  moral  honefty.' 

A  lift  of  the  penfioners  in  Charles  lid's  long  par- 
liament was  extant,  A.  D.  1695.  ^^^  ^^^  ^^ 
252,467  /.  v/as  given  in  bribes  in  lefs  than  3  years ; 
and  others  were  hired  with  *  dinners  by  Coplefion^ 
WifemarLy  and  others,  who  kept  open  houfe  for  the 
purpofe,  when  each  worthy  member  found  under  his 
plate  fuch  a  parcel  of  guineas  as  it  was  thought  his 
days  work  had  merited  K 

The  houfe  of  commons  was  then  divided  into  two 
parties,  that  of  the  court,  and  that  of  the  country. 
Of  the  tourt-party  fome  were  engaged  by  offices, 
pay  a  few  by  bribes  fecretly  given  them  5  a  fcan- 
dalous  pradice  firft  begun  by  Clifford  ^.' 

It  was  found,  that  in  Charles  lid's  next  parlia- 
ment after  the  long  one,  nine  members  had  received, 
in  bribes,  3,400,  and  that  the  fum  of  12,000  /.  had 
beeen  given  or  lent  to  others  c.  Eighteen  penfioners  in 
laft  parliament,  were  difcovered.  A,  D.  16793  2  at 
looo/.  a  year  3  6  at  500/.  2  at  400/.  4  at  300 /. 
4  at  200  /.  befides  9  others,  who  had  received  different 

fums 


a  Pref.   to  Collect.     Deb.   Parl.    1694-5.     St.   Tracts, 
time  of  king  William^  ii.  475. 

b  ii/«;?7#'s  Hist.  Stuarts,    11.  254,  c  Ibid,  302. 


Chap.  IV.       DISQUISITIONS.  397 

fums  of  the  villainous  king.  Thefe  were  not  only  to 
vote  with  the  court  themfelves,  but  to  ufe  all  their 
intereft.  This  was  mere  petty  larceny  compared 
with  the  wholefale  dealings  of  modern  times  a. 

It  was  refolved,  A.  D.  1675,  on  a  report  of  many 
members  of  the  houfe  of  commons  being  penfioned, 
to  oblige  all  members  to  take  an  oath  difclaiming  all 
receipts  of  money  from  the  court  fince  Jan,  ift, 
1672^.  But  Rapin  does  not  know  whether  therefo- 
lution  was  put  in  execution.  The  member  was  to 
declare  that  he  had  no  gift,  place,  penfion,  promife, 
&;c.  nor  knew  of  any  other  member's  having  any, 
but  what  he  then  gave  in  figned  with  his  name. 

Great  oppofition  is  always  made  to  every  bill  for 
obliging  members  of  parliament  to  give  a  teftof  their 
integrity  from  corruption.  Yet  we  think  there  is  ho 
difpenfing  with  tefts  of  our  being  true  churchmen. 
Is  it  then  of  greater  coniequence,  that  we  be  true  to 
the  comfortable  dodrine  of  eternal  reprobation,  than 
that  we  be  true  to  our  country  ? 
^iKHharlesllA's  firft  parliament  feemed  willing  to  grant 
him  whatever  he  pleafed  to  alk.  He  himfelf  owns  in 
his  fpeech,  A.  D,  i66y,  that   *   never  king,  was  io 

*  much  beholden  to  parliaments,  as  he  had  be*?n,* 
And  the  fequel  fliewed  how  judicioufly  they  had  be- 
ftowed  their  kindnefs.  They  were  unwilling  to  confine 
him  (good  foul !)  to  the  neceflity  of  calling  a  parlia- 
ment any  oftener  than  he  pleafed.  Accordingly  their 
flavijfh  fpeaker,  ^wr«^r,fays  in  his  fpeech,  yi.  D.  i^TJ*^ 

*  We  found  the  triennial  bill  derogatory  to  the  eflen- 
tial  privilege  of  the  crown,  of  calling,  holding,  and 
diffolving  parhaments.     We  found  it   impra(!^icabie, 

and 


a  Rapirit   II.  707.  b   II.  678, 


398  POLITICAL  Book  V. 

and  only  ufeful  to  teach  the  people  to  rebel,  &c  a.  The 
commons  granted  that  worthlefs  tyrant  fo  unmeafur* 
ably,  that  even  the  lords  were  alarmed.  They  fup- 
ported  him  in  his  villainous  war  againft  HoUandy  our 
natural  ally,  in  conjundion  with  France,  our  natural 
enemy.  The  church,  the  ever  faithful  coadjutor  of 
wicked  kings  and  minifters,  excited  them  to  perfecute 
all  who  differed  from  them,  and  the  cruel  corporation 
and  five  mile  a6t3  were  made  under  a  king  who  had 
as  much  religioni  as  his  horfe.  The  oath  of  paffive 
obedience  and  non-refiftance  was  thrown  out  by  three 
votes  only.  The  long  parliament  has  been,  and  will 
be  to  all  ages,  infamous  for  the  notorious  penfions 
given  by  the  court  among  its  members.  However 
even  the  penfion-parliament  paffed  many  good  ads. 
They  were  not  yet  hardened  in  fin,  as  parliaments 
have  been  fince. 

About  800,000/.  were  paffed  over  by  parliament 
unaccounted  for,  ^.  Z).  1669.  Every  member's  price 
was  known,  fays  Burnet^.  In  thofe  times  the  com-^ 
mons  gave  whatever  the  court  afked^  and  the  mon^- 
tills  were  oppofed  by  the  lords  ^. 

By  the  peace  oi Breda,  A.  D,  1667,  no  advantage 
was  gained  by  England,  fays  Rapin  S  though  the  war 
coft  five  and  a  half  millions,  befides  the  fhips  lofl  in  bat- 
tles and  at  Chatham.  Yet  the  king  had  promifed  never 
to  make  peace  till  the  objeds  of  the  w^r  were  gained. 
However  the  king  got  large  fums  of  money  into  his 
hands,  particularly  the  j  ,800,000/.  and  the  duke  oiTork 
got  great  advantages  as  high  admiral,  and  1 20,000/. 

a  prefent 


a  Hist.  OWN  TiviES,  1.377.  b  Ibid, 

c  Rapin f      ii.    645. 


Chap.  IV.     DISQUISITIONS.  399 

a  prefent   from  parliament.     The   villainous    parlia- 
ment fufFered  all  to  pafs  unqueftioned. 

'James  II.  faid,  the  members  of  his  only  parlia- 
ment, all  but  about  40,  were  men  after  his  own 
heart.  The  cledions  were  made  at  random,  any  how 
men  of  any  fort  chofen,  and  in  the  mofl  barefaced 
manner.  Many  in  thofedays  were  terrified  by  James  % 
feverities,  into  filence  and  compliance.  The  papifts, 
V  who  were  many,  liked  him,*  and  his  meafures,  be- 
caufc  he  was  for  advancing  them.  The  clergy  are  al- 
ways for  the  reigning  prince,  unleis  he  diredly  attacks 
their  fpirituals,  or  their  temporals.  And  there  was 
money  given  to  carry  eledlions. 

Seymour  fpoke  bravely  in  James  lid's  only  parlia- 
ment, "againfl:  corruption  in  elections.  *  Many  doubt, 
faid  he,  whether  this  is  a  reprefentative  of  the  nation. 
—Little  equity  is  to  be  expeded  by  petitioners 
againft:  undue  eledions,  when  fo  many  in  the  houfe 
are  thcmfelves  too  guilty  to  judge  juftly  and  impar- 
tially.— If  the  nation  fees  that  no  juftice  is  to  be 
cxpedled  from  you,  other  methods  may  be  found, 
by  which  you  may  come  to  fuffer  that  juftice,  which 
you  will  not  do  ^  The  court  did  not  dare  to  cenfurc 
him  for  his  freedom> 

^Though  Riebardll.  and  many  others  of  our  worft 
kings,  down  to  Charles  II.  dabbled  in  corruption,  it 
may  yet  be  faid,  that  the  art  of  governing  by  regularly 
and  fyftematically  bribing  the  houfe  of  commons  came 
in  at  the  revolution.  It  was  firft  applied  for  buying 
off  the  Jacobites,  and  has  been  going  on  ever  fincc, 
till  the  iicting  down  of  the  prefent  immaculate  parlia- 
ment, (the  prefent  parliament  is  always  immaculate) 

and 


Burmth  Hist.  evvN  Times,    ii.  ^zz* 


400  POLITICAL  Book  V.' 

and  has  of  late  times  been  applied  to  the  buying  off  of 
a  fet  of  troublefome  men,  who  would  otherwife  have 
oppofed  the  pious  dcfigns  of  the  court.  That  this  is 
the  truth,  is  demonftrable  from  the  court's  continuing 
the  pradice  almoft  a  century ;  which  it  certainly 
would  not  do,  at  fuch  an  enormous  expence,  if  it  did 
not  find  its  account  in  the  proceeding. 

Votes  were  for  the  firft  time  after  the  revolution, 
bought  by  Sir  Jo&n  l^revory  fpeaker  of  the  houfe  of 
commons,  *  a  bold  and  dexterous  man,  fays  Burnet  % 
who  knew  the  mod  effedual  ways  of  recommending 
himlelf  to  every  government,  and  had  been  in  great 
favour  in  king  Jatnes\  time.  Being  a  tory  in  prin- 
ciple, he  undertook  to  manage  that  party,  provided 
he  was  furnifhed  with  fuch  fums  of  money  as  might 
purchafe  fome  votes.' 

This  mifchievous  invention  has  cruelly  reduced  the 
value  of  the  revolution  to  the  nation..  Some  of  the 
worft  evils  of  Stuart -gov  txnmtnt  were  the  following, 
viz.  I.  Governing  without  parliaments.  But  is  there 
any  difference  between  governing  without  parliament, 
and  governing  parliament  itfelf  by  money  ?  2.  Raif- 
ing  ihip-money  and  other  taxes  without  confent  of 
the  reprefentativcs  of  the  people.  What  avails  the 
confent  of  a  fet  of  bribed  reprefentativcs  indemnifiii 
of  the  general  burden  by  places  and  penfions  ?  3. 
Corrupting  judges.  Corrupting  the  houfe  of  com- 
mons is  worfe.  It  is  poiloning  the  fountain-head. 
4.  Punifliing  arbitrarily,  and  according  to  no  written 
law.  But  may  not  parliaments  thoroughly  enflaved 
to  a  court,  be  cxpeded  to  make  cruel  laws^  yvhenever 
the  court  happens  to  be  of  a  cruel  difpofition.     And 

what 


a  Hist,  own  Times,  hi.  57* 


Chap.  IV.       DISQUISITIONS.  401 

what  difference  is  it  to  the  fubjed  whether  he  is 
cruelly  punifhed  by  Jefferies's  abufe  of  the  laws,  or  by 
the  dired:  injuftice  of  the  law^  the?nfehes,  except,  that 
the  latter  is  putting  him  into  a  more  unchangeably  bad 
fituation  than  the  former.  5.  Intimidating  the  mem- 
bers by  fines,  prifons,  &c.  The  evil  of  thii»  pradice 
conlifts  only  in  its  influencing  the  members  to  vote 
againft  their  country.  What  difference  does  it  maice 
to  the  fubjedts,  whether  parliament  is  iniiaenced  to 
their  prejudice  by  fear  or  by  hope  ?  When  the  Stuarts 
intimidated  the  members,  thitt  meafure  cojl  ncthing  to 
the  nation.  But  we  are  obliged  to  pay  for  bribing 
them,  to  pay  for  the  very  rod,  which  is  to  beat  our- 
felves.  6,  Laying  afide  juries.  Wc  had  better  lay 
afide  juries,  than  lay  afide  the  whole  efficiency,  of  par- 
h'ament.  To  bribe  parliament  is  to  lay  afide  its  whole 
efficiency,  and  make  it  a  mere  hmb  of  the  court. 
Befides,  a  corrupt  parliament  may  be  expecfled  to  enaifl 
what  our  courtly  lawyers,  fome  of  them  of  no  mean 
rank,  are  often  preaching  up,  viz*  That  juries  are 
only  to  judge  of  the  fy5i  ;  the  eftabli(hing  of  which 
dodrine  by  parliamenf,  would  produce  precifely  the 
fame  effedl  as  abolifliing  juries  by  ailatute,  7.  Levy- 
ing war  againft  parliament,  A  corrupt  parliament  is 
government  armed  againft  the  people.  8.  Seizing 
the  5  members.  A  corrupt  parliament  will  feize  and 
imprifon  all  the  incorrupt  members,  if  they  find  it  will 
anfwer ♦their  gracious  eads.  And  a  member  had  bet- 
ter be  imprifoned  by  a  ruffian  tyrant^  than  perfuaded  by 
a  fawning  minifter  to  damn  himfeif  and  ruin  hiscoun^ 
try.  9.  Difpenfing  with  the  laws,  and  making  laws 
without  confent  of  either  lords  or  commons,  that  is, 
giving  out  proclamations,  with  the  force  of  laws.  But; 
laws  made,  oj:  laws  repealed,  by  a  fct  cf  profligate 
Vol.  1.  F  f  f  court- 


402  POLITICAL  BookV. 

court-tools  in  St.  Stephens  chapel,  are  as  far  from  the 
fenfe  of  the  independent  people,  as  the  Stuart's  prccla- 
mations,  or  difpcnfations.  In  fad,  a  corrupt  court 
againft  an  hneji  parliament  and  a  brave  people  is  no- 
thing near  fo  formidable  as  a  corrupt  court  and  parlia" 
ment  againft  a  helplefs  people.  The  former  cafe 
zdm'its  of  a  conjlitvtwnal  rcmtdy '^  the  latter  leads  to 
violence  and  contsft  between  government  and  people. 
10.  But  the  Stuarts  (hut  the  exchequer.  True.  And 
our  bribing  minifters  have,  by  doling  about  the  money 
which  fli9uld  have  paid  the  national  debt,  brought 
public  credit  to  the  very  precipice  of  bankruptcy, 
ir.  The  Stuarts  intended  to  cftablifli  abfolute  power 
in  the  prince.  They  did  fo.  And  our  bribing  courts 
intend  to  eftablifh  abfolute  power  in  a  junto  of  gran- 
dees, who  rule  cle(f\ions,  and  diredl  the  members 
when  to  fay  Aye,  and  when  No.  12.  The  Stuarts^ 
intended  to  re-eftablifti  popery  ;  while  our  corrupters 
mean  only  atheifm.  Here  I  ow^n  a  difference  ;  popery 
being  the  worft  thing  in  the  univerfe,  hell  only  ex- 
cepted. So  that  upon  the  whole,  I  know  of  fcarce 
any  evil  we  have  efcaped  by  Ae  revolution,  popery 
excepted,  that  is  not  in  a  fair  way  of  being  brought 
back  upon  us  by  corruption.  The  Stuarts  were  butch- 
ers. They  attacked  the  good  lady  Britannia  with, 
flaughtcring  knives.  Our  genteeler  corruptors  have 
endeavoured  her  deftrudion  by  poifon  held  oat  to 
her  in  a  golden  cup  >  or,  as  a  humorous  writer  (I 
have  forgot  who)  ftates  it,  between  two  thieves, 
whig  and^tory,   thq  nation  is  crucified. 

Suppofe,  in  two  fuits  of  law,  my  firft  antagonift 
obliges  the  judge,  by  threatening  his  life,  to  give 
fentence  againft  me,  and  my  fecond  bribes  him. 
Am   I    not   equally  injured    in   both^  cafes  ?     The 

Stuarts 


Chap.  IV.        DISQUISITIONS.  403 

Stuarts  meant  a  tyranny  by  one ;    the  Walpolians  an 
ariftocracy.     Which  is  worft  for  England  ? 

The  corruption  introduced  in  king  Williams  time, 
on  pretence  of  buying  off  the  Jacobites  (doing  a  certain 
evil,  that  an  uncertain  good  might  come,  overthrow- 
ing the  virtue  of  the  peoph-'-^to  Jave  the  nation)  was 
fo  openly  fcandalous,  that  honeft  Burnet  remonftrated 
to  the  king  upon  it,  v^ith  almoft  as  much  feverity  as 
the  old  prophet  ufed  in  reproving  king  D^'u/V for  mur- 
der and  adultery.  And  good  reafon  he  had  for  ufing 
feverity.  A  Dutchmaji  comes  over  to  Britain  on  pre- 
tence of  delivering  us  from  flaveryj  and  makes  it  one 
of  his  firft  works  to  plunge  us  into  the  very  vice  which 
has  enilaved  all  the  nations  of  the  world,  that  have 
ever  loft  their  liberties.  When  the  parliament  pafied 
a  bill  for  incapacitating  certain  perfons,  who  might 
be  fuppofed  obvious  to  court  influence^  from  fitting 
in  parliament,  our  glorious  deliverer  refufed  the 
royal  affent,  which  occafioned  fome  fevere  refolu- 
tions  againft  the  advifers  of  that  refufal,  and  a  motion 
for  a  remonftrance  to  the  king  upon  it.  '  When 
an  enquiry  was  afterwards  fet  on  foot,^  into  the 
venality  of  parliament,  fuch  a  fcene  of  iniquity 
was  opened,  as  made  the  peniion  parliament  of 
Charles  IL  feem  innocent,  and  the  court  was  then 
thought  to  have  arrived  at  the  ne  plus  ultra  of  corrup- 
tiofii  a.'  If  king  William  had  been  as  difinterefled  as  he 
ought,  and  as  he  pretended,  l>e  would  not  have  do- 
fetted  members^  nor  promoted  bribery.  No  man  will 
dare  damnation  for  the  fake  of  doing  good  to  others^ 
unlefs  he  thinks  to  get,  or  keep,    fome  advantage  to 

himfelf. 


a  Use  and  Abuse  of  Parl.  i.  121. 


404  POLITICAL  Book  V. 

himfelf.  May  my  foul  ftand  upon  a  more  fecure  foun- 
dation at  the  day  of  reckoning,  than  thoie  of  the  beft 
kings. 

Let  the  reader  judge  of  this  matter  by  the  follow- 
ing extradl  from  a  writer  of  thofe  times  ^. 

*  20o,ooc/.  a  year  beftowed  upon  the  parliament 
has  already  drawn  out  of  the  fubjeds  pockets  more 
millions  than  all  our  kings  fmce  the  conqueft  have 
had  from  the  nation  *—*  The  king  has  about  fix 
fcore  m  mbers,  whom  I  can  reckon,  who  are  in 
places,  and  are  thereby  fo  entirely  at  his  devotion, 
that  though  they  have  mortal  feuds,  when  out  of  the 
houfe,  though  they  are  violently  of  oppofite  parties 
in  their  notions  of  government,  yet  they  vote  as 
lumpingly  as  the  lawn  fleeves,  and  never  divide  when 
the  intereft  of  the  family,  as  they  call  it,  is  concern- 
ed, that  is  to  fay,  when  any  court- projedl  is  on  foot. 
The  houfe  is  fo  officered,  that  by  thofe  who  have 
places  and  penfions,  together  with  their  fons,  bro- 
thers, and  kinfmen,  and  thofe,  who  are  fed  with  the 
Jiopes  of  preferment,  and  the  too  great  Influence, 
thefe  have  upon  fome  honeft  miftaken  country-gen- 
tleman, (I  call  them  miftaken,  who  can  be  perfuad- 
ed  that  an  honeft  bill  can  at  any  time  be  out  of  fea- 
ion)  the  king  can  baffle  any  bill,  quafli  all  grievances, 
ilifle. accounts,  and  ratify  the  articles  of  Limerick,' — 
*  1  would  tripft  an  eledted  king  a  great  way,  if  I  faw 
he  underiiood  eledion  to  be  his  title  ;  if  our  gener- 
ofity  would  engage  him  to  reformation.  But  when 
1  fee,  he  knows  neither  his  own  nor  our  intereft,  that 

he 


a  A  Jhort  Jlaie  of  our  condition  ^ith  relation  to  the  prefent  parUatnentn 
printed,  J,  D,  i6(^S'     St.  Tracts,  time  of  King  William,   1 1.  369. 


Chap.  IV.       DISQUISITIONS.  405 

he  hates  and  nickiiames  as  commonwealths-men, 
tfiofe  whofe  principles  made  them  the  authors  c>f  his 
greatnefs,  and  thofe  that  would  have  him  do  the  bu- 
finefs,  for  which  he  came,  fjr  which  both  he  arid 
we  faid  he  came  ;  when  I  Tee  him  fometimes  Iblicit- 
ing  in  perfon  in  the  hoafe  of  lords,  and  fometimrs  by 
lord  Porl/anJ,  bcfides  what  he  does  by  his  un:.'.i» 
officers ;  when  I  hear,  he  fends  commands  to  feme 
lords,  and  bribes  to  others,  and  turns  out  of  his 
place  the  gallant  lord  Bel/amount,  merely  for  giving 
his  vote  in  the  houfe  of  commons  according  to  his 
confcience,  thereby  intendmg  to  terrify  othert?  ^  wijen 
I  find  the  money,  which  the  nadon  gives  to  defend 
our  liberties  from  foreigners,  is  like  to  undermiDC 
them  at  home;  in  a  word,  when  I  fee  neither  one 
houfe  nor  the  other  can  withftand  the  power  of  gold; 
I  fay,  when  I  perceive  al!  this,  I  think  it  is  time  to 
look  about  us*"!.' — *  I  thought  we  had  called  hirn 
over  to  call  minifters  to  an  account,  and  to  piir.  it 
out  of  their  power  to  abufe  us  hereafter  unpunifhed. 
If  any  fpirit  of  liberty  remains,  if  we  are  not  deilined 
to  deitrudion,  fure  the  nation  will  take  fbrne  way  to 
let  the  king  and  both  houfcs  know,  that  they  expc6t, 
they  fhould  not  only  provide  for  a  campaign  in  Fl^n^ 
JerSy  but  for  our  fecurity  even  againftour  ownvictor'cs, 
and  fuch  laws  as  may  make  it  worth  while  to  dei^^nd 
our  country ;  I  fay,  worth  while  to  defend  it ;  fcr  ^f 
we  are  to  be  flaves,  it  is  no  matter  to  whom  we  are  lo. 
• — Since  members  are  retained  by  him  with  i'dcii 
overgrown  fees  (fuch  places  and  perferments)  to  be 
council  on  his  fide ;    how  can  the  people  hope  nicy 

wi'l 


a  St.  Tracts,  time  of  king /ir////^/»,   11.369,  370, 


4o6  POLITICAL  Book  V. 

will  be  juft  in  their  arbitration  ? — If  men  are  to  make 
fortunes  by  being  of  our  fenate-houfe,  we  had  bett^ 
ourfelves  pay  the  difburfements  of  thofe  we  fend-^ 
each  particular  county  would  find  their  account  in  it, 
whilft  they  would  preferve  their  members  from  the 
temptation  of  being  hired  out  of  their  intereft,  and 
consequently  would  get  good  laws  for  what  they 
give.-^If  this  [bribing  of  members]  continues,  God 
have  mercy  upon  poor  England^  for  hitherto  we  have 
been,  and  are  like  ftill,  for  ought  1  fee,  to  be  paid, 
for  all  our  expence  of  blood  and  treafure,  with  the 
fmoke,  which  Boccalini  mentions  in  his  advicee  from 
ParnaJfuSf  whereby  the  enemies  of  the  government 
have  but  too  great  advantage  given  them  to  ridicule 
us  for  our  foolifli  credulity/ 

Thus  far  this  blunt  honeft  writer.  And  it  muft  be 
owned,  that  the  conftitution  has  long  beqn  only  no- 
minally government  by  king,  lords,  and  commons, 
but  really  a  tyranny  of  ambitious  and  avaritious  »?//z//- 
ters^  who  have,  in  fucceffion,  enflaved  and  blinded 
their  royal  mafters,  wafted  the  public  money,  plunged 
the  nation  into  inextricable  debts  and  difficulties,  mul- 
tiplied places  and  penfions,  kept  up  large  and  expen five 
armies  in  time  of  peace,  accumulated  excifes,  mifap- 
plied  taxes,  irritated  our  colonies,  injured  commerce,, 
endangered  public  credit,  debauched  the  virtue  of  the 
people,  eftabliflied  corruption,  as  a  neceffary  engine 
of  government,  over- ruled  eleflions,  defeated  the 
very  end  of  chufing  reprefentatives,  by  debauching 
the  houfe  of  commons,  the  people's  only  Palladium 
againft  regal  and  minifterial  tyranny,  into  a  mereout- 
Vi7ork  of  the  court,  by  which  means  the  fenfe  of  the 
nation  has  been,  in  innumerable  inftances,  trampled 

upon 


Chap.  IV.         DISQUISITIONS.  407 

upon  by  the  pretended  reprefentatlves  of  the  people, 
whole  duty  is,  to  follow  it  implicitly. 

Thefe  are  the  triumphs  of  the  whigs,  our  pretended 
delivers  from  the  Stuarts  of  tyrannical  memory,  and 
from  popery,  and  flavery. 

Nothing  was  done  at  the  revolution  (fays  the  au- 
thor of  Dissert,  on  Parties  a)  to  prevent  parlia- 
mentary corruption.     *  Pleafed   that  the  open  attacks 
on   our  conftitution  were  defeated   and   prevented, 
men  entertained  no  thought  of  the  fecret  attacks  that 
might  be  carried  on  again.ft  the  independency  of  par- 
liaments,   as    if  our   dangers  could   be   but  of  one 
kind,  and  could  arifc  but  from  one  family.    Soon  after 
the  revolution,  indeed,  men  of  all   fides  and  of  ail 
denominations  (for  it  was  nofa  ^^r/y-caufe,    though 
there    were    who   endeavoured    to    make    it  fuch) 
began  to   perceive,  not  only  that   nothing  efFedtual 
had  been  done  to  hinder  the  undue   influence  of  the 
crown  in  eledlions,  and  an  over-ballance  of  the  crea- 
tures of  the  court  in  parliament,  but  that  the  means 
of  exercifing  fuch   an  influence    at  the  will   of  the 
crown,  were  unawares  and   infenfibly    increafed  and 
every  day  increafing.     In  a  word,  they  began  to  fee 
that   the  foundations    were   laid  of  giving  as  great 
power  to   the  crown  indiredly,    as   the  prerogative, 
they  had  formerly  dreaded  fo  much,  could  give  diredl- 
ly,  andofeftablifhing  univerfal  corruption.    The  firft 
hath  happened,  and  w.e  pray  that  the  laft  never  may. 
King  fViliiam\  convention- parliament  fhewed  ai> 
unpardonable  negligence  in  taking  no  fecurity  againft 
kingly  encroachments,  nor  againft  parliamentary  cor- 
ruption, nor    for  certain  and   annual  redrefs  of  grie- 
vances. 


a  P.  220. 


4o8  POLITICAL  Book  V. 

vances,  nor  for  annual  parliaments.  They  compli- 
raented  hioi  immcdia^iely  (before  they  had  any  fecurity 
that  hs  would  not  abufc  fo  enormous  atraft,  2nd  with 
the  greateft  probabiHty  that  the  example  would  have 
b;jd  eff-ds)  with  the  fufpenfion  of  the  Habeas  Corpus 
adt,  thereby  laying  at  the  feet  of  one  individual  the 
liberty  of  millions  *,  which  was  never  done  in  the 
much  more  dangerous  times  of  queen  Efe^/^^r^,  nor 
in  M.onmout}}%  rebellion  by  the  tyrant  James  II. 
I'hev  declared  the  Iriflo  rebels,  for  adhering  to  king 
James,  when  tliey  were  liable  to  be  hanged,  if  they 
bad  ^efifted  him,  and  before  the  revolution  was  known 
in  Ireland,  They  humoured  the  Dutch  demands,  in 
complaifance  to  thek  new  Dutch  king,  to  the  preju- 
dice of  E;?^/^?^,  They'entered  blindfold,  and  ruftied 
on  to  a  length  beyond  all  reafon  and  prudence,  into 
Williams  views  of  humbling  Fr^/^/<:^  by  land- war,  and 
firil  entangled  us  in  thofe  continental  connexions, 
which  have  almoft  ruined  us.  Then  parliament  fet- 
tled the  king's  revenue  for  life.  Was  that  ading  like 
wlk  men,  who  ought  ai.  ieaft  to  have  read  their  Bible, 
which  would  have  told  them,  that  there  is  no  truft  to 
be  put  in  kings,  6lc. 

Then  csme  the  blcffed  contrivance  of  borrowing, 
and  fpending  the  principal,  to  the  amount  of  4  and  5 
millions  in  one  year,  in  continental  wars,  and  loading 
the  trade  of  the  nation  to  pay  the  intereft.  Which 
adn'irable  art  we  have  fince*  improved  to  fuch  an 
height,  as  to  raife  the  natiotial  debt  to  the  frightful 
fum  of  140  millions,  by  which  our  trade  has  been 
loaded  Vv^ith  a  burden  ot  5/600,000/.  per  ann. 

According  to  Davenant,  there  were  granted  to 
king  IVilliam  by  parliament,  chiefjy  for  his  continental 

wars. 


Chap*  IV.        D  IS  Q^U  I S  IT  ION S.  409 

wars,  in  the  years  1689,  90,   and  fo  on  to  1698,  no 
lefs  than  43,000,000  /. 

Parliament  overlooked  in  king  William  what  they 
feverely  refented  in  his  predeceffor,  the  difpenfing 
with  the  laws.  King  Williamy  of  his  own  authority, 
granted  the  Irijh  rebels  conditions,  which  the  laws 
refufed  them. 

There  was  undoubtedly  at  the  reftoration,  as  well 
as  at  the  revolution,  a  ftrong  difpofition  both  in  parli- 
ament and  people  to  humour  the  court.  The  nation 
was  at  thefe  two  periods  juft  efcaped  from  a  tempef- 
tuous  fea  of  inteftine  commotions,  and  getting  into 
a  calm  harbour,  was  fo  overjoyed  as  to  become  almoft 
wholly  thoughtiefs  of  its  danger  in  trufting  kings  and 
courts  in  fo  unlimited  a  manner.  But  a  great  part 
of  thefe  parliamentary  conceflions  were  the  undoubted 
efFed:  of  direct  grofs  bribery.  It  was  thought,  that 
the  beft  part  of  170,000  /.  was  given  among  the 
members  of  the  houfe  of  commons  by  the  Eajl 
India  company,  A.  D,  1695,  to  obtain  a  renewal 
of  their  exclufive  charter,  inltead  of  opening  the  trade, 
which  was  much  talked  of  at  that  time  a.  Twelve 
lords  and  twenty-four  commoners  were  a  commit- 
tee appointed  to  fearch  into  the  fcenes  of  cor- 
ruption. 

'  Whenever  (fays  Legion  ^)  a  houfe  of  commons 
{hall  part  v/nh,  expofe,  negled,  or  fuffer  to  be 
infringed,  the  liberties,  rights,  and  peace  of  the  peo- 
ple they  reprefent'  [and  furely  this  they  do,  when 
they  {hew  themftlves  the  abfolute  (laves  of  the  court 
by    feconding   the    views   of  the    miniftry,   right  or 

Vol.  I.  G  g  g  wrong 


a  Burn,  Hist  own   Times,   hi.  1991 
i^wr^'s  Tracts,  hi,  124. 


4IO  POLITICAL  BookV. 

wrong]   *  thty  betray  their  truft,   they  violate  the  ge- 
neral realbn  of  iheir  being  chcfen ;    their  reprefent- 
ing    power    and    being    ctafes'  of  courie,    and   they 
become,  from  that  time  forward,    an  unlavvful  alTem- 
bly,  and  may  and  ought  to  be  depofed  and  difmifled 
by  the   fame   laws  of  nature   and    right,   by    which 
opprefied  fubjeds  may,    and  in  all  ages  have  depofed 
tyrannical    princes  — It    cannot   be  juit,    that    what 
our  kings  have  no  right  to  take  away,   our  reprefen- 
tativfs  may   give   without   law,    or  that  the  people 
fliould    be    obliged   to    endure  the   tyranny    of  500 
ufurpers,  more   than  of  one,   fince   no  number    nor 
quality  of  perfons  can    make   that   lawful  which   in 
its    ov^n  nature    is   not  fo.*     They  afterwards  com- 
plain, that  the  town   of  Maidflojie  was   deprived  for 
two    feflions   of  its    privilege   cf  fending  two  mem- 
bers.    That  at  the  elections  for  Weiibicry  and  Sudbury^ 
the  commons    had  given  the  feat  to   the  candidate, 
who  had  16  votes    againft    22.     They   com.plain  of 
freehcldsrs  deprived  of  their  right  to  chufe  m.em.bers ; 
of  partiality    with   refpe(5t    to    defaulters,    punifliing 
fome  and  letting  others    efcape  -,    of  refuming   king 
JVill'^ams  grants,   while  they  allowed  tbofe  of  former 
kings,  though  much  more  infamous  ;   of  attempts  to 
extend    the  prerogative  only  for  the  fake  of  embroil- 
ing the  royal  family  with  the  peers.     The  commons 
were  at  that  time  difaffedted,  and  the    peers   feem   to 
have  been  of  a  better  way  of  thinking  5  which  is  very 
extracrdinary. 

Sad  fcenes  of  corruption  were  found,  A.  D.  i69/{« 
Several  contractors  for  cloathing  the  army  were  exa- 
mined.    Refufing  to  fatisfy  the  commons,  they  were 
committed  to  the  Tower.     A  bill  was  ordered  in  for 
*  punifhing 


Chap.  IV.         DISQUISITIONS.  411 

puniOiing  thole,   who    liiould  refufe  to  anfwer  qaef- 
tions  aited  bv  the  houfe  ^, 

Mr.  Cornijh  was  expelled  the  houfe  of  ccminons, 
^  D.  1698,  for  adting  as  a  ccmmiffioner  of  duties 
upon  vellum,  paper,  parch  men  r,  6cc.  while  a  mem- 
ber, contrary  to  5  acd  6  tViUuim  \ll,  ^ 

From  difcoveries  made,  A.  D,  1695,  '^  ^^^-  ^^^" 
pected,  that  an    univerfal  corruption  had   overfpread 
the  nation,  court,  Cimp,  city,  and  parliamtnt.    There 
was  a  deftciency  cf  294,798/.  in  the  Eajl  India  com- 
pany's ftcck,  and  ibme  of  the  members  were  fuipected 
of  dabbling  ^.     To  wipe  oS  lufpicion,    a  committee 
of  the  com.m:  ns   was  appointed    to  infpsdl  the  com- 
pany's book-:,  and  thofe  of  the  chamberlain  cf   Lcn- 
don,     It  appears  that  feveral  members  were   bribed, 
thar  the  company  might  obtain  a  new  charter.    There 
Were  likewife  corrupt  pra-ftices  among  them  for  pro- 
curing the  orphan's  bill  ^.     A  rclolution  of  the  ccm- 
mocs  charged  their  fpeaker,  Trrcor,   with  corruption 
for  receiving  loco    guineas  frcm  the  city  ci  Lends n, 
after  paffing  :he  orphan's  biU  ^.    He  fends  the  mace  to 
the  houfe,  and  quits  his  poit.  '  Foley  is  chofen  fpeaker 
in  his  room.  Rcfolutions  followed  againil  fevcrai  mem- 
bers, and  a  bill  for  obliging  Sir  Tbj.  Cooke  to  give  an 
account  of  monies,    which   had    palled   through   his 
hands.     The  bill  was  rejected  by  the  lords,  and  Ccok^ 
I'uSsred  to  efcape,  on  promile,  that  he  would  make 
difcoveries.     He  brings  in    a  long  and    bl^ck  lilt  of 
thole  who  hud  lingered  the  money,   perlons  of  noble 

rank. 


a    Dii.  CCM.    II.    44S. 

b  ^rc^ir's "Right  o?  Elect.   265. 

c  Deb.  Cou.  11.451.  '  d  Ibid.  454. 

e  Ibid.   jL-^6. 


412  POLITICAL  BookV. 

rank,  and  higher  than  noble  ;    which,    it   was  pre- 
tended, was  only  in  confequence  of  antient  cuftom 
at  the  renewing  of  charters.     Sir  Jofiah  Child  depof- 
cd,  that  the  Eaji  India  company  had  propofed  to  offer 
the  king  50,000/.  but  that  Mr.  lyjfen  had  told  them, 
from  lord  Portland^  the  king  would  have  nothing  to 
do  with  it  a.     A  member  (anonymous)    faid.    The 
houfe  ought  to  provide  laws,  for  the  future,  to  pre- 
vent the  members  taking  money.     There  were  fevere 
refiedions  on  the  duke  of  Leeds^.     It  was  propofed 
to  addrefs  the  king  to  remove  him,  or  that  the  houfe 
fl^ould  impeach  him.     *  Such   adions   as    thefe'    (a 
member  faid)  '  are  a  blemi(h,  if  not  a  fcandal  to  the 
revolution    itfdf/      Another    member    alked,    «  By 
what  law  it  was  a  crime  to  take   money  at  court  ?* 
It  was  anfwered,  *  If  there  was  no  fuch  law,  it  was 
time  there  fhould  be  one  c/    And  it  might  have  been 
added.  That  it  is  an  article  of  the  oath  taken  by  all 
privy  councellors,  that  they  will   avoid  corruption  ^. 

*  Juftice  is  not   to  be   fold,'    faid  another  member, 

♦  by  common  law.'  [We  fhould  think  that  very  un- 
common law  in  our  times,  by  which  a  man  obtained 
\\i^\ctgratisy  and  our  miniflers  publicly  declare,  they 
think  it  neceffary,  that  the  court  have  influence  in 
parliainent.  Is  not  that  felling  juftice?]  Another 
member  faid,  *  There  are  parliaments  to  punifli  fuch 
crimes,  and  it  is  to  be  hoped,  there  will  always  be.' 
[Little  did  that  honeft  gentleman  think  the  time 
would  come,  when  upwards  of  200  notorious  place- 
men and  penfioners  would  fit  in  St.  Stephen^  chapel 
without  a  blufh  on  their  faces.]     *  Refolved,  That 

Thomas 


a  Deb.  Com.  II.  465.  b  Ibid.  466. 

c  Ibid.  467.  d  Blackji,  Com.  \»  230* 


Chap.  IV.      DISQUISITIONS.  413 

Thomas   duke  of  Leeds^    prefident    of  his   majcfty's 
mod  honourable    privy    council'    [a    moft    honou- 
rable  prefident!]    *  be  impeached    of   high  crimes 
and  mifdemeanours ^.'     The  duke  oi  Leeds  went  to 
the  houfe  of  con^mons,  made  a   very  weak    fpeech, 
denied  his  receiving  any  money  ;    but  it  appeared  af- 
terwards, that  this   was  a  mere  equivccadon.     1  he 
impeachment,  however,    was  fent  up  to  the  lords. 
They  acquaint  the  commons,  That  they  had  paffed 
a  bill  for  imprifoning  Sir  Tho.  Cooke  and  others,    T ::e 
commons  reiblved,  '  That  to  offer  money,  or  other 
advantage,  to  a  member,  for  promoting  any  matter 
whatfoevcr  depending  in  parliament,  is  ^  high  crime 
and  mifdemeanour,  tending  to  the  fubveriion  of  the 
Engliflo   conftitution  t>/       [There    ought,     therefore, 
lince  that  time,  to  reconcile  principles  vc^ith  pradice, 
to  have  been  a  refolution   of  the  commons,  that  for 
a  miniftcr  to  offer,  and  actually  to  give  money,  and 
places  to  200  members,  for  promoting  his  fchemcs, 
and  to  keep  him  in  his  place,  is  a  low  cririieand  mii- 
demeanour,  7iot  tending  to  the  fubverfion  of  the  Eiig- 
lijh  conftitution.]     The  commons  were  going  on  10 
impeach  others  \  but  were  interrupted  by  Black  Rod's 
calling  them  to  attend  the  king,  who  was  come  to 
put  an  end  to    the  feffionsc.     [Which  (hews  a  king 
to  be  a  very  convenient  implement  for  the  minifter's 
purpofes.]     There  were  feveral  other  very  reafondble 
bills  before  the  houfe,    which    could  not   be  carried 
through..    And  the   king's  concluding   the   feffions, 
while  they  were  fearching  into   the  above   horrible 
fcene  of  corruption,    looks   very  indifferent  on  the 

part 


a  Blackji.  Com.  i.  467,  b  Ibid.  47a. 

c  Ibid.  471, 


414  POLITICAL  Book  V. 

part  of  our  glorious  deliverer.  He  pretended,  the  fea- 
Ibn  of  the  year  required  his  going  abroad.  That  par- 
liament never  met  again;  being  diffolved  foon  aftcr^ 

Refledions  being  made  againft  the  miniftry  by  the 
tories,  A.  D.  1690,  a  commiflion  v^as  appointed  to 
enquire  into  the  laying  out  of  the  public  money.  A 
certain  number  of  the  commons  (the  lords  declining) 
were  chofen  by  ballot,  with  authority  to  fend  for 
perfons,  papers,  and  records,  and  to  examine  upon 
oath  ^.  This  might  be  of  fervice  in  thofe  times. 
But  in  an  age,  when  the  majority  of  the  commons 
are  corrupt,  the  majority  of  every  committee  muft 
be  the  fame,  if  the  dodtrine  of  chances  may  be  de- 
pended upon. 

At  the  fame  time  that  France  was  bribing  Charles 
II.'s  parliament,  money  for  the  fame  purpofe-  came 
over  from  Spain  and  the  Emperor  to  gain  the  mem^ 
bers  to  their  party  c. 

Prodigious  quantities  of  French  gold  were  brought 
over  A,  D.  17C1,  fuppofed  for  bribing  parliament. 
A  ftrong  party  for  France  in  parliament  ^. 

It  was  refolved,  A.  D.  1707,  that  it  appears  to  the 
houfe  that  of  zg^ig^  EngliJJjmen^  who  fliould  have 
been  at  the  battle  of  Almanza,  there  were  but  8,660. 
The  queen  was  addreffed  to  know  why  ^  She  anfwers, 
that  there  could  no  more  be  fent.  But  I  think  it  does 
not  appear  very  clear  why  they  were  not.    Therefore 

it 


a  Blackji,  Com.  i.  471, 

b  Burn.  Hist,  own  Times,  hi.  90. 

c  Dalrymp,  Mem.  ii.  iio. 

d  Tind.  CoNTiN.  1.439. 

e  Deb.  Com.  iv.  81. 


Chap.  IV.         DISQUISITIONS.  415 

it  was  moved  to  cenfure  the  negled:  of  not  fending 
troops  in  time.  But  the  cenfure  was  by  the  court- 
party  over-ruled,  and  turned  into  an  addrefs  of  thanlcs 
for  the  queen's  care  of  the  affairs  of  Spain. 

A  formidable  cfFed  of  minifterial  power  in  parlia- 
ment was  feen  in  the  fatal  peace  of  Utrecht  -,  of  which 
queen  Annes  miniftcrs,  in  the  foUovring  Ipeecb,  A^D, 
1713,  celebrate   the  praifes,    and    herald  forth  their 
triumphs  over  their  country. — *  I  hope  at  the  next: 
meeting  the  affair  of  commerce  will  be  fo  well  under- 
ftood   that   the  advantageous   conditions   I  have  ob- 
tained from   France  will  be  made   eff*edtual  for   the 
benefit  of  our   trade.     I  cannot  part    with   fo  good 
and  fo  loyal    an    houife    of  commons,  without    ex- 
preffing  how  fenfible  I  am  of  the  affedion,  zeal,  and 
duty,  with  which  you  have   beliaved  yourfelves ;  and 
I  think  myfelf   therefore    obliged    to    take  notice  of 
thofc  remarkable  fervices  you  have  performed.     At 
your  firft  meeting  you  found  amethpd,  without  farther 
charge  to  my  people^  to  eafe  them   of  the  heavy  load 
of  more   than  nine  millions  ;  and  the  way    of  doing 
it  may  bring  great  advantage   to  the  nation.     In  this 
feffion  you  have  enabled  me  to  be  juft  in  paying  the 
debts  due    to   my  fervants.     And  as   you  furniflied 
fupplies   for    carrying    on    the    war,  lb    you    have 
flrengthened  my  hands  in  obtaining  a  peace,     Thi^s 
you  have  fliewed  yourfelves  the  true  reprefentatives  of 
my  loyal  commons,  by  the  juft  regard  you  have  paid 
t^  the  good  of  your  country  and  my   honour  :    thefe 
proceedings  will,  I  doubt  not,  prefc.rve  the  memory 
of  this  parliament  to  pofterity.  My  lords  and  gentle- 
men^ At  my   coming  to  the    crown,  I  found  a  war 
prepared  for  me.     God  has   blefled  my  arms   with 
many  vi(aories,  and  at  laft  has  enabled  me  to  make 

them 


4i6  POLITICAL  Book  V. 

them  ufeful  by  a  fafe  and  honourable  peace.  I 
heartily  thank  you  for  the  affiftance  you  have  given 
me  therein,  and  I  promife  myfelf,  that,  with  your 
concurrence,  it  will  be  lading.  To  this  end,  I 
recommend  it  to  you  all  to  make  my  fubjeds  truly 
fenfible  what  they  gain  by  the  peace,  and  that  you 
will  endeavour  to  diffipate  thofe  groundlefs  jealoufies 
which  have  been  fo  induftrioufly  fomented  amongft  us, 
that  our  unhappy  divifions  may  not  weaken,  and,  in 
fome  lort,  endanger  the  advantages  I  have  obtained 
for  my  kingdoms.  There  are  fome  (very  few,  I 
hope)  who  will  never  be  fatisfied  with  any  govern- 
ment ;  it  is  neceflary,  therefore,  that  you  fhew  your 
love  to  your  country,  by  exerting  yourfelves  to 
obviate  the  malice  of  the  ill-minded,  and  to  un- 
deceive the  deluded.  Nothing  can  eftablifh  peace  at 
home,  nothing  can  recover  the  difordcrs  that  have 
happened  during  fo  long  a  war,  but  a  fteady  adhering 
to  the  conftitution  in  church  and  ftate.  Such  as  are 
true  to  thefe  principles,  are  only  to  be  relied  on  -, 
and,  as  they  have  the  befl:  title  to  my  favour,  fo  you 
may  depend  upon  my  having  no  i-ntereft  nor  aim  but 
vcur  advantage,  and  the  fecuring  of  our  religion  and 
liberty.  I  hope,  for  the  quiet  of  thefe  nations,  and 
the  univerfal  good,  that  1  (hall  next  winter  meet  my 
parliament  refolved  to  acft  upon  the  fame  principles, 
with  the  fame  prudence,  and  with  fuch  vigour,  as 
may  enable  me  to  fuppcrt  the  liberties  of  Europe 
abroad,  and  reduce  the  ipirit  of  fadtion  at  home/ 

It  was  propolcd,  to  take  the  fpeech  into  con- 
fideration.  Immediately  the  cry  was  given  for  an 
addrefs  of  thanks,  and  no  examination.  Thy  ac- 
cordingly acknowledge  her  great  cotidefcenfion  in  let- 
ting them  know  their  G%m  affair,   which  they  had  an 

abfolute 


Chap.  IV.       DISQUISITIONS.  417 

abfoluter/g'/&/*to  know,andto  determine  as  theyplc^kd, 
as  being  ihe  rcprefcntatives  of  the  great  body,  the 
people,  the  principal  objed:.  They  '  want  words  to 
exprefs  the  fatisfadtion  with  which  they  have  received 
all  that  her  majefty  was  pleated  to  imp^irt/  *  Entire 
confidence  in  her.'  She  anfwers,  that  they  Hiall  *  find 
the  good  efi:ects  of  their  confidence* — la  the  bleffed 
peace  of  Utrecht  ^. 

The  bill  for  the  French  trade  was  propofed^  A.  JD. 
1713,  tobeengrofled.  The  debates  held  from  3  till  near 
1 1.  Sir  ThomasHanmer  faid,  *  he  never  would  be  led  by 
any  minifter  ^,  Even  fomc  of  the  placemen  were  againlt 
the  bill.  It  was  carried  againft  its  being  engroffed^ 
194  againft  185.  A  frightful  number  of  enemies  to 
Britain  and  friends  to  France,  fitting  in  the  afiTembly 
of  Briti/h  legiflators. 

By  the  treaty  of  Utrecht,  Dunkirk  was  not  to  be 
demoliflied  till  an  equivalent  for  it  was  put  into  thsi 
hands  of  the  French.  What  that  was  to  be,  the  court 
never  explained.  Cape  Breton  was  left  to  France, 
with  liberty  of  drying  their  filh  on  Neuofoundland.  All 
French  goods  were  to  come  into  £«^/^Wuponthe  fame 
conditions  as  thofe  of  other  countries^  though  they, 
will  hardly  take  any  of  ours  In  exchange,  and  though 
our  Porttigueje  trade  (one  of  the  moft  advantageous  we 
then  had)  and  our  filk,  our  linnen,  and  paper-manu- 
failures  muft  have  been  ruined  by  admitting  the 
French,  and  though  it  was  found  in  former  times, 
that  our  trade  vvitn  France  was  a  million  a  year  lo(s  to 
us.  All  trading  people  were  alarmed.  Yet  a  bill  for 
making  the  treaty  of  commerce  with  France  eflfedual 
was  within  9    votes  of  being    eftablilhed    by  mini- 

VoL.  1.  H  h  h  fterial 


a  Deb.  Com,  iv.  315,  b  Ibid,  v.  40, 


4i8  POLITICAL  BookV. 

fterial  influence.  This  whole  affair  was  carried  on 
in  the  moft  barefaced  manner;  nothing  attempted  to 
fhew  the  advantage  of  a  commerce  with  jFr^;^^^, though 
fo  much  to  demonftrate,  that  it  would  prove  ruinous 
to  the  nation  \  Yet  we  have  people  among  us,  who 
cry.  There  is  no  fear  that  a  parliament  will  purfue  an 
intereft  contrary  to  that  of  the  nation. 

In  the  commons'  addrefs  of  thanks  to  the  queen 
for  that  hopeful  treaty,  are  the  following.  *  Your 
majefty's  extenfive  care  hath  not  only  provided  for 
the  fecurity,  but  for  the  honour  of  your  kingdoms.— 
The  good  foundation  your  majefty  has 'laid  for  the 
intereft  of  your  people  in  trade,  by  what  you  have 
done  in  the  treaty  of  navigation  and  commerce  with 
France^  gives  us  hopes  of  feeing  it  yet  farther  im- 
proved to  the  advantage  of  your  kingdoms/  They  go 
on  requefting  that  the  treaty  of  commerce  may  be  corn- 
pleated,  &c  b.  The  queen  thanks  them  for  the  addrefs, 
which  fo  fully  expreffes  their  approbation  of  the  trea- 
ties of  peace  and  commerce  with  France.  It  was  with 
no  fmall  difficulty  that  fo  great  advantages  in  trade, 
were  obtained  for  my  fubjeds/  This  cure  has  coft 
me  an  infinite  deal  of  trouble,  fays  the  mock-dodlor. 
Was  this  parliament  a  reprefentation  of  the  people 
oi  England,  which  approved  what  the  whole  people 
ihewed  themfelves  fo  much  againft  ? 

Both  houfes  addrefs  the  queen  upon  the  fafe,  honour-^ 
able,  and  advantageous^  peace  of  l/Zr^^fo  ^  ;  by  which 
Engla?id  goi  ]\x{i  nothing  but  50  millions  debt.  They 
thank  her  for  *  delivering  the  nation  from  a  confuming 
land  war  unequally  carried  on,  and   become   at  lalf 

im- 


a  Burn,   iv,  389-403. 

b  Deb.  Com.  v.  43,,  c  Ibid,  v,  127. 


Chap.  IV.         DISQUISITIONS.  419 

itnpradicable/  She  anfwers,  that  {he  looks  upon 
this  addrefs  as  the  united  voice  of  her  affedtionate  and 
loyal  fubjedts.  It  was  the  voice  of  Jacobites,  only, 
and  of  a  parliament  enflaved  to  a  Jacobite  miniftry, 
and  the  miniftry  knew' it  was  fo.  Burnet  fays,  the 
lords  never  approved  it.  See  his  fpeech  prepared  to 
have  been  delivered  in  the  houfe  of  peers,  in  cafe  the 
miniftry  had  moved  for  an  adl,  or  an  addrefs,  ap- 
proving the  peaccp  after  it  was  publidied  ^.  The  good 
bifhop,  like  a  faithful  preacher  of  righteoufnefs,  in- 
veighs heavily  againft  the  perfidy  of  the  court  in 
patching  up  a  peace  without  the  confent  and  appro- 
bation of  the  allies,  contrary  to  the  exprefs  words  of 
the  treaties  of  alliance,  upon  which  the  war  was,  at 
the  joint  expence  of  the  allies,  entered  into.  *  Swear- 
ing deceitfully,  fays  he  ^,  is  one  of  the  worft  cha- 
raZlers  ;  and  he,  who  fwears  to  his  own  hurt,  and 
changes  not,  is  amongft  the  beft.  It  is  a  maxim  of 
the  wifeft  of  kings,  that  the  throne  is  eftabiilhed  by 
righteoufnefs.  Treaties  are  of  the  nature  of  oaths, 
and  when  an  oath  is  alked  to  confirm  a  treaty,  it  is 
never  denied.'  He  goes  on  to  ilsew,  ^  that  the  popes 
were  the  firft  inventors  of  a  difpenfing  power,  by 
which  they  taught  princes  to  break  through  oaths 
and  treaties  and  mentions  feveral  ftjocking  inftances, 
very  unfit  for  the  imitation  of  a  proicltant  court. 
He  fays,  if  any  of  the  allies  were  deficient,  there 
ought  to  have  been  demands  and  proteilations,  accord- 
ing to  the  ufual  forjns  in  fuch  cafes  ;  and  that  thefe 
being  wanting,  he  cannot  fee,  that  the  public  faith, 
was  not  broken  firft  on  our  fide/ 

Let 


a  Hist.  Own  times,  iv.  397.  b  Ibid.  399. 


4?o  POLITICAL  Book  \W 

Let  us  hear  the  fenfe  of  Geo.  I/s  miniftry  on  that 
fatal  tranfadion,  in  his  firft  fpeech,  ji.  D.  1715S 
and  the  anfwer  of  the  commons. 

^  It  were  to  be  wi(hed  (fays  the  king)  that  the  un- 
paralled  fucceffes  of  a  war,  which  was  fo  wifely  and 
chearfully  fupported  by  this  nation,  in  order  to  pro- 
cure a  good  peace,  had  been  attended  with  a  fuitable 
conclufion.  But  it  is  with  concern  I  muft  tell  you, 
that  fome  conditions,  even  of  this  geacc,  eflential  to 
the  fecurity  and  trade  of  Great  Britaifjy  are  not  yet 
duly  executed,  and  the  performance  of  the  whole 
may  be  looked  upon  as  precarious,  &c.  A  great 
part  of  our  trade  is  rendered  impradicable,  the  pub- 
lic debts  are  very  great,  and  lurprifingly  increafed 
even  fince  the  fatal  ceffation  of  arms/  &c. 

And  the  commons  in  their  addrefs,  c^prefs  them- 
felves  as  follows ; 

*  We  are  fenfibly  touched,  not  only  with  the  dif-j 
appointment,  but  with  the  reproach  brought  upon 
the  nation  by  the  unfuitable  conclulion  of  a  war, 
which  was  carried  on  at  fo  yaft  an  expence,  and  at- 
tended with  fuch  unparalled  fuccefl^es.  But  as  that 
difhonour  cannot,  with  juftice,  be  imputed  to  the 
whole  nation,  io  we  firmly  hope  and  believe,  that 
through  your  majcfty's  great  wifdom,  and  the  faith- 
ful endeavours  of  ycur  commons,  the  reputation  of 
thefc  your  kingdoms  will  in  due  time  be  vindicated 
and  reftored.  We  are  under  aftonifliment  to  find 
— that  care  was  not  taken  [in  framing  the  treaty] 
to  form  fuch  alliances,  as  might  have  rendered  that 
peace  not  precarious — Your  commons  are  under  the 

deeped 


a  Deb.  Com.  vi.  10, 


Chap.  IV.        DISQUISITIONS.  421 

deepeft  concern,  that  a  great  part  of  our  trade  is  ren- 
dered impradicable/  &c.  So  foon  were  all  the  lies 
bafldied  between  the  tory  miniftry,  and  the  enflaved 
parliament,    overthrown  ! 

All,  all  but  truth,  drops  dead-born  from  the  prefs  ; 

Like  the  laft  gazette,  or  the  laft  addrefs.  Pope. 

A  number  of  new  writs  were  made  out  for  filling 
vacancies  made  by  members  accepting  places  ^  Jl,  D. 
17 1 1.  The  colledors  of  the  debates  have  given  us 
an  excellent  quotation  on  this  fubjedt  from  Short 
Hist,  of  the  Parl.  by  R.  W.  Efq;  as  follows. 

'  It  was  never  known,  that  days  were  fet  apart  for 
rewarding  members  of  parliament  with  places  and 
employments.  He  who  looks  upon  the  votes  of  the 
lait  day  of  the  firrt:  feffion,  will  find  almoft  nothing 
done,  but  new  writs  ordered  in  the  room  of  parlia- 
ment men,  who  had  received  their  wages  for  their 
pad  year's  fervices.  And  to  fuch  a  pitch  were  ihey 
come  at  laft,  that  at  the.  end  of  the  fecond  feffion, 
when  the  queen's  fpcech  was  made,  and  the  feffion 
clofed  to  all  other  intents  and  purpofes,  both  houfes 
are  ordered  to  adjourn  themfelves  for  eighteen  days, 
as  if  fomething  extraordinary  v/as  ftill  bcihind,  that 
might  require  the  fitting  of  the  parhament.  But 
when  the  day  comes,  nothing  is  done,  but  a  2d  Wd 
of /(?y^/ members,  preferred,  is  produced  ^  and  the 
vacancies  of  patriots  turned  courtiers,  are,  by  new 
writs,  ordered  to  be  filled  up;  that  thefe  dutijul 
members  might  be  ready  at  the  beginning  of  next 
feffion,  to  ferve  thofe,  who  had  fo  well  rewarded 
their  paft  fervices.' 

A  motion 


a  Deb.  CoL.  iv.  223, 


4?2  POLITICAL  BookV* 

A  motion  was  made  by  Pulteney,  A.  D.  1712,  en 
cccafion  of  the  inadivity  of  Ormond  in  Flanders,  that 
the  queen  be  addreffed  to  dtfire  him  to  exert  his  ut- 
moft  efforts  towards  obtaining  peace.  St.  John  in 
the  houfe  of  commons,  and  Oxford  in  the  houfe  of 
peers  (par  nobile  fratrum  I )  give  aflurances  that  all 
was  well.  The  motion  was  changed  into  an  addrefs 
of  entire  confidence  in  the  queen  a. 

*  The  fureft  way  to  deftroy  this  government  has 
always  been  thought  to  be,  by  its  own  hands,  that 
is  by  the  authority  and  power  of  parliament.  For 
this  purpofe  a  confederacy  by  which  the  liberties  of 
'Europe  had  been  fo  long  fullained  agalnft  the  power 
of  France,  w^as  broken  to  pieces  by  votes  obtained 
in  this  houfe  in  the  moft  extraordinary  manner.' 
hechmere^  fpeech  in  the  houfe  of  commons.  A.  D. 
1715b. 

Lord  Stanhope^  in  his  fpeeth  in  the  houfe  of  peers, 
A^  D.  17 1 8,  Ineers  at  the  duke  of  Argyle  for  chang- 
ing fides,  according  as  he  was  in  or  out.  The  duke 
anlwers,  that  he  voted  with  the  miniftry,  when  he 
thought  they  were  right;  and  againft  them  when 
wrong  c.  if  we  could  lee  our  parliaments  proceed  in 
thai  impartial  manner,  we  fliould  have  a  better  opinion 
of  their  integrity.  On  the  contrary,  in  Walpoles 
times  there  was  a  fet  of  members  vv])ofe  names  never 
failed  to  be  feen  on  the  court  fide  of  every  vote. 

Lord  Chatham  in  his  fpeech  on  the  ftamp-adt  pub- 
lickly  accufed  a  certain  aflTembly  of  an  over-ruling  in- 
fluence 3  and  added  the  following  :  *  I  know  not  how 
it  is  5  but  we  obferve  a  modefty   in  the  houfe,  that 

does 


a  Deb.  Com.  iv.  310.  b  Ibid.  vi.  54. 

c  Deb. Lords,  hi.  76. 


Chap.  IV.        DISQUISITIONS,  423 

does  not  love  to  contradid  a  minifter.  I  wlfli  gen- 
tlemen would  get  the  better  of  this  modefty.  If  they 
do  not,  perhaps  the  colledtive  body  may  begin  to 
abate  of  its  refpe<ft  for  the  reprefentative.' 

*  When  the  king  and  his  minifters/  fays  Sir  J. 
Packington  on  the  peerage  bill,  jd.D.  jyjg,'  thought 
fit  to  enter  into  a  ftridl  alliance  with  France,  A.  JD. 
1717,  and  thereby  to  give  that  antient  and  irrecon- 
cilable enemy  of  England  an-  opportunity  to  retrieve 
their  low  and  defperate  affairs,  the  commons  did 
not  oppofe  thofe  meafures^  When  his  majefty  judged 
it  neceflary  either  for  the  good  of  his  fubjedts,  or  to 
fecure  fome  acquiiitions  in  Gerinany^  to  declare  war 
againft  Sweden^  his  faithful  commons  readily  pro- 
vided for  thofe  great  expences.  When  afterwards 
it  was  thought  proper  to  deprive  the  fubjedts  of  the 
beneficial  trade  to  Spain  by  declaring  war  againft 
that  crown,  and  fending  a  fleet  into  the  Mediterra- 
nean^  to  ferve  as  ferry-boats  for  the  emperor's  troops, 
the  good-natured  commons  approved  thefe  wife  coun- 
fels^» 

The  famous  Soiith-fea  year  exhibited    a  fliocking 
fcene  of  miniflerial  influence  in  parliament, 

Knighty  the  villainous  S,  5.  caftiier,  was  fufl:ered 
to  efcape,  during  his  examination,  and  when  feized 
at  Antwerp^  again  let  flip,  and  afterwards  pardoned  ^. 
It  was  found,  that  40  lords  and  commoners  were 
concerned  in  the  5.  aS.  fcheme,  and  300,000/.  given 
in  bribes  to  obtain  an  adt  of  parliament  allowing  that 
company  to  eredt  itfelf  into  a  bubble  c.  <  To  fum  up 
this   whole   affair    in    a  few    words    (which    would 


*  requ 


ire 


a  Deb.  Com.  vi.  209. 

bUssAND  Abuse  ©F  Parl,  I.  240,  c  Ibid,. 


424  POLITICAL  BookV^^ 

require  i  volume  to  deteft  and  expofe  as  it  deferves) 
Though  the  mifchief  done  by  this  infamous  confpi- 
racy  was  vifible  to  the  whole  world  ;    and  no  ikreen 
whatever  was  broad  enough  to  cover  the  guilty  from 
the  knowledge  and  refentmcnts  of  the   public  ;  the 
public  vengeance  fell  only  upon   Mr.  Aijlabie  (who 
was  made   the  fcape-goat  of  the  miniftry)   upon  the 
direcftors,  and  upon   the  eftate  of  Mr.  Craggs,  fcn^ 
then  in  his  grave,  in  the  (hape  of  expulfions,  fines, 
and  difqualifications.     As  the  majority  without  doors 
had   tafted   of  the    calamity,  there  is  bat  too  much 
reafon  to  fear  the  majority  within  either  partook   of 
the  guilt,  or  were  prevailed   upon    to  join   in  com- 
pounding the  felony  :    Not  only  court  lords  but  court 
ladies  had  put  in  for  a  (hare  of  the  fpoil ;  nor  could 
hardly  any  fufpicion  arile  but  what  had  fome  plaufible 
circumftances  to  warrant  it/ 

Three  very  falutary  motions  were,  in  the  year  1728, 
rejeded  by  the  commons,  viz.  u  For  a  committee  to 
enquire  what  members  had  (what  members  bad  not, 
would  have  been  an  eafier  taflc)  places  holden  in  truftf 
for  them.  2,  For  preventing  the  tranflation  of  billiops. 
3.  For  an  addrcfs  againft  the  1200  HeJJiam  in  Britifi 
pay.  a. 

It  has  been  the  conftant  labour  of  minifters  to  per- 
fuade  the  people,  that  all  thofe,  who  endeavour  to 
deted  their  villainous  fchemes,  are  difafFeded,  or 
defigning  men,  and  that  their  views  are  not  the  pub- 
lic good  y  but  their  own  advancement  on  the  ruins  of 
thole,  whom  they  drive  to  bring  into  difgrace  with 
the  public.  'If 


a  Use  and  Abuse  of  Parl.  1I4  423, 


Chap,  IV.        D  IS  Q^U  I  S  I T  10  N  S.  425 

'  If  (fays  Geo.  II.  that  Is,  the  minifter,  in  his 
ipeech,  A,  Z).  1728)  *  among  other  reafons,  hopes 
given  from  hence  of  creating  difcontents  and  divi- 
lions  among  my  fubjcdts,  and  a  profpedt  of  feeing 
difficulties  arife  at  home,  have  greatly  encouraged 
them  in  their  dilatory  proceedings,  I  am  perfuaded 
that  your  known  affedlioo  to  me,  and  a  juft  regard 
for  your  own  honour  and  the  intereft  and  fecurity  of 
the  nation,  will  determine  you  efFedtually  to  difcou- 
rage  the  unnatural  and  injurious  practices  of  fome 
few  who  fuggeft  the  means  of  diftreffing  their  coun- 
try, and  afterwards  clamour  at  the  inconvenicncies 
which  they  themfelves  have  occafioned.  It  is  more 
than  probable,  that  foreign  courts  will  wait  now  for 
the  refult  of  your  deliberations,  and  as  you  may 
depend  upon  my  conftancy  and  fteadinefs,  that  no 
wicked  and  groundlefs  fuggeftions  or  infinuations 
fhall  make  me  depart  from  my  prefent  purpofes,  fo  I 
entirely  rely  upon  your  wifdom  and  unanimity,  &c.* 

*  However  home  thefe  refledions  were  upon  thofe 
^  who  oppofed  the  court  meaiures,  or  how  apparently 
foever  tending  to  abridge  the  freedom  of  parliament, 
the  majority  of  both  houfes  betrayed  no  refentment ; 
but  on  the  contrary  infifted  upon  thanks  for  and 
compliances  with  every  article.  When  therefore, 
the  minority  in  the  houfe  of  commons  flickled  only 
for  the  alteration  of  a  fingle  word  in  the  addrefs, 
re/lore  for  fecure  the  commerce,  and  fupported  their 
claim  with  unanfwerable  reafons,  drawn  from  noto* 
rious  fadts,  they  were  defeated  by  249  voices  againft 
87.  Having  given  this  eai nefl:  of  their  dudility  and 
complaifance,  we  are  not  to  wonder  that  the  whole 
fcflion  was  of  a  piece  ^.' 

Vol.  1.  I  i  i  Thus 


a  Use  and  Abuse  of  Pari.  u.  356. 


426  POLITICAL  Book  V, 

Thus  lord  Egmont,  A.  D.  i7S^>  *  F^^^  vfh^i  has 
been  propofed  by  the  two  hon.  gentlemen,  who  made 
and  fcconded  this  motion/  [for  an  addrefs  of  thanks 
and  general  approbation  of  all  meafures]   '   I  (hould 
have  concluded,  if  they  had  not  told  me  otherwife, 
that  they  were  acquainted  with  all  the  fecrets  of  the 
cabinet,  and  had  fee n  all  the  inftrudions  fent  to  our 
miniftcrs  at  foreign  courts,  as  well  as  all  the  advices 
received   from  them  ^    for  without  fuch  a  thorough, 
knowledge,  no  man  can,  in  my  opinion,  with  honour 
agree  to  what  they  have  propofed  >  and  what  gives  me 
much  more  concern,  I  am  afraid  that  fuch  a  thorough 
knowledge  would  be  fo  far  from  warranting  fuch  a 
plumb    approbation    of  all  our   foreign  affairs,    that 
it   would    furnifli    us     with     fufHcient   rcafons     for 
cenfuring   every  ftep   that  has  been  taken  for  fome 
time  paft.     As  to  the  authority,  which  it  is  pretended 
we  have  from  his  majefly's  fpeech  from  the  throne,^ 
every  gentleman  knows,    that    in  this  houfe  we  are 
always  to  look  upon  that  fpeech  as  the  fpeech  of  the 
minirter  j  and  I  have  read  of  very  few  minifters  whofe 
affevcrations,  though  given  in  the  mod  religious,    as 
well  as  folemn  manner,  I  {hould  depend  upon  with 
refped  to  any  fad  relating  to  their    ov/n   condud. 
Nor  can  I  fay  that  I  have  more  dependence  upon  the 
teftimony  of  our  prefcnt  minifters,   than  I  could  ever 
have  upon  that  of  any  other.     1  muft  even  be  fo  free 
as  to  fay,  that  what  I  have  heard  this  day  renders  me 
a  little  more  fufpicious  of  their  regard  to  truth,  thaa 
I   ever  was  heretofore.     1    confels  I  have  as    little 
acquaintance  with  the  affairs  of  the  cabinet  as  either 
of   the  honourable  gentlemen,  or,  I  believe,  as  any 
gentleman   in    the   kingdom.     1   know   nothing  of - 
Gur  foreign  affairs,  but  what  I  have  from  our  public 
*  gazettes^ 


Chap.  IV.       DISQUISITIONS.  427 

gazettes,  and  thefe  I  know  are  often  cooked  up  in 
order  to  deceive ;  but  fuppofe  they  were  not,  and 
fuppofe  we  had  from  this  news-paper-knowledge  fuf- 
ficient  authority  for  believing  every  thing  which  by 
this  motion  we  are  to  profefs  we  believe,  would  this 
be  an  authority  fufficient  for  this  houfe  to  found  any 
refolution  upon  ?  Is  it  not  inconfiftent  with  the  dig- 
nity of  this  houfe  and  with  the  uniform  pradice  of 
our  anceftors  to  fouhd  our  refolutions  upon  any  thing 
but  parliamentary  knowledge^?' 

He  goes  on  to  fl:iew,  that  inftead  of  genera!  appro- 
bati^  of  the  meafures  purfued  by  the  miniflry,  there 
was  much  room  for  cenfure ;  inflead  of  congratula- 
tion, much  caufe  for  condolance.  Our  (hipping 
feized  by  the  Spaniards^  our  colonies  attacked  by  the 
French  \  the  continent  of  Europe  rather  embroiled 
than  quieted  by  our  interpofition  in  their  quarrels  ;  a 
difgraceful  treaty  with  Spain  \  the  peace  of  Alx-la^ 
Chapelle  dilhonourable  and  precarious ;  the  nation  in- 
fuliing  England  every  where  ;  fettling  the  neutral 
iflapds  in  diredt  violation  of  the  treaty  j  imprudent 
and  unprofitable  alliances  on  the  continent  of  Europe, 
with  fubfidies  of  endlefs  expence  to  Britain^  fee. 

\x\  Walpole\^  and  all  fuch  dirty  times,  the  conftant 
endeavour  of  the  oppofition  has  been  to  get  at  fads, 
proceedings,  extrads,  papers,  &c.  and  the  part  of 
the  miniflerial  crew,  to  negative  all  fuch  motions. 
We*accordingly  find,  in  moft  feffions,  fix  or  eight 
fuch  motions  quaflied;  every  one  of  which  was  highly 
reafonable,  many  of  them  fuch,  that  the  houfe  was 
obliged  to  proceed  in  the  dark  for  want  of  neceflary 
papers,  which  the  minifter  well  knew  to  be  very  unfit 

for 


a  Aim.  Deb.  Com.  iv.  177. 


POLITICAL  Book  V*- 

for  public  inrpedion.  Befides,  it  is  a  general  rule 
with  all  men,  who  have  indired  fchemes  in  view,  to 
conceal  as  many  particulars  as  they  can:  for  they  are 
aware,  that  the  knowledge  of  every  particular  fur- 
niflies  their  detedors  with  an  advantage  againft  them, 
He  knew  human  nature  well,  who  obferved,  that 
thofe  v/hofe  deeds  are  evil,  love  darknefs  rather  than 
light.  But  fuch  ftatefmen  give  us  authority  to  believe 
the  very  worjl  of  their  proceedings.  They  leave  it  to 
our  imaginations  to  paint  them  as  black  as  we  pleafe; 
and  might  as  well  let  us  know  the  word  ;  if  it  were 
not  for  the  fear  of  impeachment,  from  which  uhey 
are  fafe  fo  long  as  they  can  keep  legal  proof  out  of 
our  reach,  though  they  leave  us  no  room  to  doubt  of 
their  guilt  by  their  care  to  conceal  their  practices  from 
tis. 

When  Sir  Geo.  Byng%  inftrudlons  were  calffed  for 
by  the  oppofition,  A,T>.  172 1,  and  the  qucftion  over- 
ruled by  minifterial  influence,  feveral  lords  protefl:ed, 
*  Becaufe  not  finding  any  inftance,  on  fearch  of  the 
journals,  we  believe  there  is  none  wherein  a  motion 
for  admirals  inftrudions  to  be  laid  before  the  houfs 
has  been  denied  \  but  on  the  contrary,  there  are 
many  precedents  of  inftrudions  of  a  like  nature, 
and  in  ftronger  cafes,  as  we  conceive,  addreffed  for 
by  the  houfe,  and  feveral  in  point  for  inftrudions 
given  to  admirals,  particularly  to  Sir  George  Rooke, 
and  Sir  Cloudejly  Shovel -,  nor  dees  it  feem  to  us  »t  all 
material,  whether  the  condud  of  fuch  admirals  had 
or  had  not  been  blamed  before  fuch  inftrudions 
were  afked  for,  fince  the  fight  of  inftrudions  may 
be  previoufly  and  abfolutely  neceflary  to  inform  the 
houfe  whether  their  condud  be  blameablc  or  not. 
2.  Becaufe  we  think  it  highly  reafonable  that  thefe 

inftruc- 


Chap.  IV.        DISQUISITIONS.  429 

inftrudtions  fhould  be  laid    before   this    houfe,  upon 
which  the    adlion  of  the  Bfitifi  again  ft  the  Spanijh 
fleet    in    the    Mediterranean^  was    founded,  without 
any  previous  declaration  of  war,  and   even  whilft  a 
Britijh  minifter,  a  fecrctary   of  ftate,  was    amicably 
treating  at  ikf^^r/V,    which    court   might  juftly  con- 
clude  itfelf  fecure  from  any   hoftiie    attack   during 
the   continuance  of  fuch    negotiations.     3.    Bccaufe 
till  we  have    a   fight  of  thofe  inftrudlions,  and   are 
able  to  judge  of  the   reafons,    on  which  they  are 
founded  j  the  war  with  Spain^  in   which    that  adion 
of  our  fleet  involved  us,  does   not   appear    to  us    fo 
juftifiable   as    we  could    wifli,  and   yet    was   plainly 
prejudicial  to  the  nation   in    fundry   refpeds ;  for    it 
occafioned  an  entire  interruption  of  our  moft  valu- 
able commerce    with  Spain^  at   a   time  when  Great 
Britain  needed  all  the  advantages  of  peace,  to  extri- 
cate itfelt  from  that  heavy  national  debt  it  lay  under  j 
and  as  it  deprived  us  of  the  friendfhip  oT  Spain,  not 
eafily  to  be  retrieved,  fo  it  gave  our  rivals  in  trade  an 
opportunity  to  infinuate  themfelvcs  into  their  affec- 
tions ;  and,    we  conceive,  that    to  the  war    alone  is. 
owing  the    ftridl  union  there   is    at   prefent   between 
the  crowns  of  France  and  Spain,  which   it  was   the 
intereft  of  Great  Britain  to  have  kept  always  divided, 
an   union,    which   in   its    confcquences    may    prove 
fatal  to  thefe  kingdoms.     Nor    does    it    appear  that 
Great  Britain  has  had  any  fruits  from  this  war  beyond 
its  being  reftored  to  the  fame  trade  we  had  with  Spain 
before  we  began  it  ^.* 

A  motion.  A,  D.  1732,  for  a  committee  to  inquire 
whether  any  members  fate  contrary  to  law,  paffes  in 
the  negative  ^. 

xMotion 

■'"■'      I  '  I        I         .1.      .  ,.,   .1   I...        I  .  ..,.., Ill        I  I        im     III    t. 

a  Pee. Lords,  hi.  202,  b  De-b.  Com.  vn.  236. 


430  POLITICAL  Book  V. 

Motion  for  admitting  zdmiral  Haddock's  inflrudlions 
to  be  laid  before  thehoufe,  ^.  D.  173 1,  pafles  in  the 
negative  ^. 

A  motion,  ^.  D.  1739,  for  an  account  to  be  laid 
before  the  hpufe  of  all  (hips  of  war  built  for  govern- 
ment's fervice.  Over-ruled.  The  people  muft  have 
no  fatisfadion  about  the  laying  out  of  their  money  ^. 

The  efcape  of  the  French  fleet  from  Sir  J.  Morris, 
J,  D.  1744,  though  he  was  much  fuperior  to  them, 
was  never  enquired  into,  nor  puniflied  c. 

Several  lords,  ^.  D.  1721,  move  for  an  addrefs  to 
the  king,  that  lord  Carteret\  inflrudions  for  the  court 
of  Siveden,  be  laid  before  the  houfe.  Over-ruled* 
Several  lords  protefted.  Looked  ill,  and  as  if  there 
was  fomewhat  in  them  not  fit  to  be  fecn.  ^ 

Hor.  Walpok  fairly  oppofes  parliamentary  enquiries 
into  the  condud  of  minifbrs,  as  never  to  be  fet  on 
foot,  but  when  there  is  an  abfolute  and  apparent 
neceflity  for  io  doing'  — [which  there  is  at  all 
times — ].  There  was  no  neceflity,  he  thought,  for 
any  enquiry  how  the  nation  came  to  be,  for  20  years 
together,  infulted  by  a  ftate  fo  much  inferior  in  power 
as  Spain  is  allowed  to  be.  And  he  afterwards  aW 
ledges  [what  every  boy  of  10  years  of  age  could  have 
confuted]  that  the  enquiry  into  the  condudl  of  the 
tory  minifl:ry  in  the  end  cf  queen  Anne\  reign,  was 
the  caufe  of  the  rebellion  in  171 5.  That  therefore  '  all 
fuch  enquiries  mufl:  be  allowed  to  be  of  dangerous 
confequence  to  the  tranquillity  of  the  nation*  [or  to 
the  minifter,  and  his  crew  j  witnefs  the  report  of  the 

fecret 


a  Deb.  Com.  x.  i.  b  IbiU.  xi.  281. 

c  Con  TIN.  Rap,  vii  i.  ^2, 
dDE».  Lord?,  111.190, 


Chap.  IV.     D I  S  QJUI  S I T I  O  N  S.  431 

fecret  committee]  *  and  arc  generally  fet  on  foot  by 
perfonal  enemies  to  thofe  in  the  adminiftration  ^J 
Therefore,  I  fuppofe,  if  once  a  leviathan  of  power 
gets  into  the  open  fea  of  adminiftration,  he  is  to  be 
allowed  to  wallow  there  as  long  as  he  pleafes,  and  no 
bold  hand  muft  attempt  t(S  harpoon  him. 

Mr.  Waller  anfwered  him  well  as  follows ;  *  I  fhall 
readily  admit  that  the  rights  and  privileges  of  parlia- 
ment have  not  of  late  years  been  fo  much  difputed 
by  our  minifters  as  they  were  formerly,  and  if  it 
were  neceflary  I  could  give  a  very  good  reafon  for 
this  complaifance  on  the  part  of  our  minifters ;  but 
the  acknowledging  of  our  right  to  enquire,  will 
fignify  but  little,  if  it  fhould  ever  come  to  be  in  the 
power  of  minifters  to  prevail  with  a  majority  of  this 
houfe  to  put  a  negative  upon  every  queftion  that 
tends  to  an  enquiry.  This,  I  hope,  is  not  now  our 
cafe:  but  I  muft  obferve,  that  for  many  years  paft 
cither  our  minifters  have  been  extremely  good^  or 
our  parliaments  extremely  complaifant,  for  there 
has  been  no  regular  parliamentary  enquiry  into  the 
conducft  of  any  one  minifter,  whilft  he  continued 
tg  be  fo  j  and  if  no  minifter's  condudt  is  ever  to  be 
examined  by  parliament  till  after  he  is  given  up  by 
the  crown,  I  cannot  think  that  parliamentary  en- 
quiry will  ever  be  of  any  great  fervice  to  the  nation* 
The  hon.  gentleman  that  fpoke  laft  has  been  fo  good 
as  to  acknowledge  our  right  .to  enquire  into  the  con- 
dud  of  public  affairs  j  but  if  the  arguments  he  has 
been  pleafcd  to  make  ufe  of  upon  this  occafion  be  al- 
lowed to  be  of  any  weight,  I  am  fure  no  parliamentary 
enquiry  into  a  minifter's  conducft  can  ever  be  fet  oa 

foot. 


a  D6».  Com.  xi.  334, 


432  POLITICAL  Book  V. 

foot,  becaufe  they  will  be  of  equal  weight  againft 
every  future  enquiry,  and  every  motion  that  may  tend 
to  enquiry.* 

The  Walpoliam  oppofed  all  motions  for  enquiries 
into  the  condu<ft  of  the  miniftry  during  the  negotiation 
with  Spaitiy  becaufe  fuch  ^enquiries  would  occafion 
the  producing  of  many  papers,  which  would  widen 
the  breach,  and  make  a  war  with  Spain^  unavoidable. 
And  afterwards,  when  war  was  adlually  declared,  and 
there  was  no  longer  any  pretence  on  that  account  for 
oppofing  an  enquiry— then  the-  minifterial  party 
oppofed  all  parliamentary  enquiry,  becaufe  the  con- 
fequence  would  be  the  publication  of  the  government's 
plans  for  carrying  on  the  war.  The  plain  EngliJIj 
of  all  v/hich  is,  *  None  of  your  enquiries/ 

Sir  yohn  Barnard  argues  on  the  fame  occafion  ad- 
mirably as  follows  ^',  '  Sir,  I  have  always  attended  my 
duty  in  this  houfe,  and  always  (hall,  as  long  as  the 
people  do  me  the  honour  of  chufing  me  one  of  their 
reprefentatives  J  but  if  we  are  never  to  enquire  into 
the  conduct  of  any  minifter,  till  that  minifter,  or  the 
crown,  gives  us  leave  to  do  fo,  our  attending  here, 
or  our  meeting  together  in  this  houfe,  will  be  of 
very  little  fignification  to  the  people ;  for  I  may 
venture  to  prophefy  that  if  ever  we  fhould  have  a 
houfe  of  commons  fo  complaifant  to  the  crown,  as 
not  to  enquire  into  the  condudt  of  minifters,  with- 
out a  conge  for  that  purpof?,  fuch  a  houfe  of  com- 
mons will,  be  as  complaifant  in  every  other  refpedt, 
and  will  confequently  ag*ree  to  every  law  the  crown 
may  be  plealed  to  propofe,  and  to  every  grant  the 
crown    may    be    pleafed   to  demand   and   infift  on, 

like 


a  Deb.  Com,  xi.   350. 


Chap,  IV.        DISQUISITIONS.  433 

Like  fome  of  the  petty  dates  in  France,  or  Germany, 
we  may  make  humble  remonftrances   to  our  fove- 
reign,  and  reprefent  our  inability   to   comply  with 
the   free  gift  demanded  of  us  j  but  when  our  fove- 
reign,  or  his  prime    minifter,  fays  it  muft  be  done, 
we  may  depend  on  it  that  fuch  a  houfe  of  commons 
will  always  fubmit  and  agree  to  what  is  demanded 
of  them.     The'  gentlemen  of  the  other  fids  of  the 
queftion  fhould  be  cautious  of  mentioning  any  thing 
that  has   been   lately  done    in  Spain :    tor  there  are 
many  things  now  done  in  that  kingdom  which  neither 
would  or   could  be  done  if  that  country  had  pre- 
ferved  their  antient  freedom  and  independency  ;   and 
if  the  maxims    thefe  gentlemen  have   been   plealed 
to  advance  upon  this  occafion  (hould  ever  be  receded 
in  this  kingdom,  our  parliaments  will  foon  become 
as  complaifant  to  the  crown,  and  of  as  little   ule  to 
the  people,  as  the  ccrtez  now  are  in  Spafn.     A  parli- 
amentary enquiry  into  a  minifter's  condud  is,    1  find, 
very  much  miftaken   by  the  gentlemen  who  oppofe 
this  queftion.     Sir,    it  is  not  a  trial :    It  is  a  lort  of 
debt  which  every  minifter  owes  to  the  public.     A 
minifter  is  a  fort  of  agent  or  fteward  for  the  public; 
and  is  not  every  fteward  obliged   to  give  an  account 
of  his  ftewardlhip  ?     When  a  brd  happens    upon 
the  general  view  of  his  affairs,  to  be  perfedly  lat.f- 
fied  with  the  management  of  his  fteward,  he  may  fave 
liimfelf  the    trouble    of  examining,     or  appointing 
others  to    examine,     particularly   i-^'o   l.s  Ikward  s 
condua   and    accounts  ;  ,and  in  the  fame  manner 
when  a  nation  happens,  'upon  the  ,f"f^'  ^^.f.^ 
public    affairs,     to' be  perfedly  well    fat.sfied  with 
Sie  condua  of  its  miniftcrs,    there    is   "«  "eceffity 
for   a    particular  enquiry  into    iheir  condudt.      But 
Vol.  I.  I^  1^  ^  '■ 


434  POLITICAL  Book  V. 

will  any  gentleman  fay  this  is  our  cafe   at  prefent  ? 
Sir,  our  condud,  as  members  of  this  houfc,  is   not 
in  this   cafe    to  be    direded    by    our  own    opinion. 
This  houfe  is  net   the  lord  to  whom  our  minifters 
are  to  anfwer  'for    their    condu(ft.      The  people  are 
the  lord,  to  whom  they  are  to  anfwer,  and  we  are 
appointed  by  the  people  to  examine  into  their   con- 
duKfl  and  accounts.     Therefore,  when  the  people  in 
general,   or    a  great  part  of  them,    feem   diffatisfied 
with   the  conduct  of  public  affairs,    it  is  our  duty^ 
whatever  we  ourfelves  may  think,   to  make    a  ftrid: 
and  impartial  enquiry  into  the  conduit  of  our  mini- 
fters, and  to  cal]  for  all  papers  that  may  be  neccf- 
fary  for  that  purpofe.     This    is  not  fubjeding  our 
miryftcrs  to  a  trial ;    it  is  only    making  them    give 
an  account  to  the  people  of  their  ftewardfliip,  which 
is    an  obligation    they    lay  themfelves  under,    when 
they  accept  of  being   the   minifters  of  the  crown,. 
and  confequently   the  ftewards    of  the  people  3    and 
they  ought    to    be  ready  to  perform,  the  obligation 
when  and  as  often  as  the  people  may  pleafe  to  require 
it.     I  am   forry   it  is   not  performed  much   oftener 
than  has  been  ufual  of  late  years  :    I  am   fure  the 
oftener  it  is  performed,   the  ^more  it  will  redound   to 
the  honour  of  a  good  adminiftration,    the  better  fafe- 
guard  it  will  be  to  the  people  againft  the  frauds  and 
oppreflions  of  a  bad  one/ 

*  My  lords,  we  muft  enquire'  (fays  lord  Carteret^ 
in  the  debate  on  the  addrefs.  A,  D.  1740  ^  :)  *  The 
whole  kingdom  expeds  it  at  our  hands.  If  we  do 
not,  there  will  be  ugly  infinuations  made  againft  the 
dignity  and  honcur  of  this  houfe  both  at  home  and 
abroad.     For   this    very   reafon   we    ought  to   agree 

to 

a  Deb.  Lords,  vu.  472. 


Chap.  IV.      DISQUISITIONS.  435 

to  the  noble  duke's  motion  in  order  to  fatisfy  the 
people  as  foon  as  poflible,  that  in  this  feflion  we  will 
do  our  duty.  It  is  a  duty  wc  owe  to  our  fovereign  as 
well  as  his  people.  If  this  propofition  is  refufed,  or  ftt 
afide  by  the  previous  queftion,  I  (hall  look  upon  it  as 
a  refufal  of  any  enquiry,  and  therefore,  I  muft,  in 
my  own  vindication,  proteft.  In  the  glorious  and 
fuccefsful  adminiftration  that  has  been  mentioned, 
jthough  the  minifters  were  willing,  as  all  minifters 
arc,  to  accept  of  all  the  panegyrics  the  parliament 
was  willing  to  beftow,  yet  being  confcious  of  their 
own  innocence,  they  were  too  wife  to  oppofe,  or 
-endeavour  to  evade  an  enquiry.  There  was  then 
no  mutual  compa(ft  between  a  minifter  and  his  tools 
to  protedl  one  another  againft  an  impartial  enqjiry, 
and  therefore  in  the  year  1707,  when  a  complaint 
was  brought  into  this  houfe  againft  the  admiralty, 
and  an  enquiry  into  the  condudt  of  that  board  moved 
for,  though  prince  George  himfelf  was  then  at  the 
head  of  the  admiralty,  the  minifters  were  fo  far  from 
oppofing,  that  they  promoted  an  enquiry.  A  com- 
mittee was  accordingly  appointed,  and  a  ftridt  en- 
quiry carried  on.  Whereupon  it  was  found  that 
the  prince's  council  had  been  guilty  of  great  negledts 
with  regard  to  the  appointing  of  cruizers  and  con- 
voys for  protedting  our  trade  ;  for  which,  and  for 
feveral  other  negleds  and  mifdcmeanours  alledged 
againft  them,  they  were  removed  from  that  board, 
without  fo  much  as  an  attempt  made  by  the  mini- 
fters either  to  fcreen  them  from  being  found  guilty,^ 
or  to  proted  them  after  they  v/ere.' 

A  motion  was  made,  A.  D.  1741,  after  Walpole 
was  out  of  power,  for  enquiry  into  the  condudt  of 
affairs  laft  20  years  a.     Lord  Limerick^    who   made 

the 

a  Deb.  Com.  xii  i.  140. 


436  , POLITICAL  Book  V. 

the  motioa  fald,  *  It  is  juftly  fiifped^ed;  that  during 
the  laft  twenty  years,  our  minifters  have  taken  mod 
unjuftifiable  methods  for  gaining  a  corrupt  influence, 
both  at  eledions  and  in  parhament.  While  our 
conftitution  fubfifts  in  all  its  force,  it  is  certain,  that 
the  parliament,  or  at  leaft  this  houfe  of  parliament, 
will  always  be  of  the  fame  complexion  with  the  ge- 
nerality of  the  people,  it  is  from  this  houfe,  his  ma- 
jefty  is  to  know  the  fentiments  as  well  as  the  com- 
plaints of  his  people  -,  therefore,  when  meafures 
generally  difliked  by  the  people,  meet  with  an  appro- 
bation from  this  houfe,  it  may  be  juftly  fufpedted, 
that  fome  illegal  methods  have  been  taken  for  obtain- 
ing that  approbation  -,  and  if  upon  a  new  eledtion  a 
minifter,  who  by  his  crimes  or  imprudence  has  ren- 
dered himfelf  generally  obnoxious  to  the  people, 
fhould  neverthelefs  get  a  majority  of  his  friends,  or 
rather  creatures^  returned  as  members  of  this  houfe, 
we  muft  fuppofe,  that  fome  illegal  methods  were 
taken  for  obtaining  thofe  returns/ 

A  motion  being  made,  j4.  D.  1741,  by  Mr.  Pu/-^ 
teney,  that  the  feveral  papers  prefented  to  the  houie  on 
Monday^  and  yefterday  by  Mr.  Comptroller,  be  re- 
ferred to  a  felecft  committee,  and  that  they  do  exa- 
mine the  fame,  and  report  to  the  houfe  what  they  find 
material  therein,  it  occafioned  a  great  debate.  Mr. 
Tukeney  introduced  his  motion  with  the  following 
fpeech.  Mr,  Speaker.  I  have  always  thought,  that 
when  papers  of  ftate  are  called  for  by  this  houfe,  as 
well  as  when  fuch  papers  are  laid  before  us  without 
being  called  for  j  it  fhpuld  be  with  fome  fort  of  view 
or  defign.  We  know  very  well,  that  when  treaties, 
eftimaies,  or  accounts  are  laid  before  us,  without 
being  called  for,  it  is  generally  with  a  defign  to 
'  demand 


Chap.  IV.         DISQUISITIONS.  437 

demand  a  fum  of  money,  or  vote  of  credit ;  andfuch 
demands  have   of  late  years   been  ufually  complied 
with,  I  believe,    by   mod  members    of  this  houfe, 
without  fo  much  as  looking  at  any  one  of  the  papers 
or  eftimates  which  were  laid  before  us  as  the  foundati- 
on of  that  demand.   This  pradice,  Sir,  mud  be  allow- 
ed to  be  a  little  extraordinary  j  but  our  late   pradice 
with  regard  to  thofe  papers  that  are  exprefsly  called 
for,  has  been  much  more  furprizing;    for  after  the 
papers  called  for  have  been  laid  before  us,  they  have 
been  ordered  to  lie  upon  the   table,    and   there    they 
have  generally  lain  withoutnhe  lead  examination,  as 
if  we  had  no  view  in  calling  for  them,  but  that  of 
encreafing  the  bulk  of  our  votes  by  long  lifts  of  let- 
ters,    inftrudtions  and   memarials.     Experience    has 
{hewn,  that  when  fuch  papers  are  ordered  to  He  upon 
the  table  for  the  perufal   of  the  members,  they  are 
feldom  perufed  with  attention  by  any,  and  when  they 
are  perufed  feparately  and  d.iftindly  by  a  few  particu- 
lar members,  none  of  them  have  authority  enough  to 
prevail  with  the  houfe  to  enter  into  a  ftridt  enquiry, 
or  to  take  into  confideration  the  errors,  miftakes,  or 
blunders,  they  may  from  fuch   papers  have  difcover- 
cd.     For  this  reafon,  Sir,  and  that  the   nation  may 
fee  we  do  not  put  the  adminiftration   to  the   trouble 
and  expence  of  laying  piles  of  ftate-papers  before  us, 
without  any  view  or  defign  either  for    the  lervicc  or 
fatisfadion  of  the  public,   I  think,  when  we  call  for 
'  any  papers  of  importance,  and  they  are  accordingly  laid 
before  us,  they  ought  of  courfe  to  be  referred  to  a  lelea: 
committee,  that  they  may  examine  themftridiy,  and 
report  their   remarks,  obfervations,    or  objedtions   to 
the  houfe;  for  the  examination  of  fuch  a  committee 
muft  always  be  more  exad  and  full,  and  their  report 

^  Will 


438  POLITICAL  Book  V. 

will  have  more  weight,  than  the  examination  or  report 
ofanyfingle  member  who  perufes  the  papers  upon 
our  ubie  wuhout  any  diredion  or  authorit/fromC 

The  multitude  of  commiffioners  and  officers  of  the 

Withftandmg  there  being  too  great  a  number  of  boS 
can  no  way  endanger  the  difcovery  of  any  mifannli' 
cation  ot  the  public  treafure,  efpecialiy  when  the  firft 
comm,ffioner  has  thediredion  of  the  fecretary's  office 
.n  the  kingdom      The  other  commiffioncrs/anS  the 
officers    either  do  not  really  know  how   the  money 
iffued   by  them  is  applied,    or  elfe  they  will  nev'^ 
make  a  difcovery,  as  long  as  they  know  that  the! 
firft  commiffioner  continues  to  be  the  chief  favourite 
of  the  crown.     This  has  been  the  touch-ftone  of  fuch 
difcoveries  for  many  years  paft,  and  always  will  be  fo 
till  we  have  a  parliament  independent  and  refolute 

'lam.  not  at  aHfurprized.'  (fays  Mr.  alderman 
Heaficouoj  «  to  hear  the  prerogatives  of  the  crown 
t  umped  upas  a  bar  to  any  enquiry j  for  they  have 
always  been  fet  up  by  minifters  againft  every  enquiry 
or  profecution  that  was  ever  propofed  in  parliament  • 
but  this  can  never  be  of  any  weight  with  thofe  wh^ 
can  properly  diftinguifh  between  the  prerogatives  of 
the  crown  and  the  privileges  of  parLment.  The 
prerogatives  of  the  crown.  Sir,  were  all  cftablilhed 
by  our  conftitution  for  the  public  good ;  and  when 
they  are   properly  made  -ufe  of,  the  parliament  hath 

nothin? 

o 


a  Deb.  Com.  XII,.  70  b  Ibid.  20a 

c  j^Im,  Deb.  Com.  ii.  268. 


Chap.  IV.        DISQUISITIONS.  439 

nothing  to  do  with  them  ;  but  when  they  are  made  a 
wicked  or  an  imprudent  ufe  of,  the  parliament  hath 
then  a  right  to  interfere,  and  to  punlfh  thofe  wha 
advifed  the  king  to  make  fuch  an  ufe  of  the  preroga- 
tive. Thus  the  king  has  by  his  prerogative  the  fole 
power  of  appointing  all  commanders  both  by  fea  and 
land,  and  while  proper  perfons  are  employed,  the 
parliament  has  no  right  to  intermeddle  ;  but  when 
improper  perfons  are  appointed,  and  the  public  has. 
fufFered,  or  is  like  to  luffer,  the  parliament  has  a 
right  to  interpofe,  and  not  only  to  remove  the  worth- 
Icfs  perfons  io  appointed,  but  to  punifli  thofe  who 
advifed  the  appointing  of  fuch.  But,  fays  the  hon. 
gentleman,  if  we  once  begin  to  enquire  into  and 
punifh  thofe  who  advifed  the  appointing  of  any  gene- 
ral or  admiral,  we  (hall  of  courfe  foon  begin  to 
affume  to  ourfelves  the  power  of  appointing  generals 
and  admirals.  I  wifli  the  hon.  gentleman  would 
re-confider  this  argument.  If  he  does,  he  will  find 
it  to  be  in  fhort  thus.  If  we  do  what  we  have  a  right 
to  do,  we  fhall  of  courfe  foon  begin  to  do  what  we 
have  no  right  to  do.  This  may  be  logick  among 
minifters  of  ftate  5  but  I  am  fure  it  would  not  be 
allowed  to  pafs  for  fuch  among  the  under-graduates 
of  any  of  our  univerfities.  By  this  method  of  ar- 
guing, Sir,  we  (hould  put  an  end  to  one  of  the  chief 
ufes  of  parliaments,  which  is  to  take  care  that  none 
of  the  prerogatives  of  the  crown,  which  were  all 
defigned  for  the  fafety  of  the  people,  (hall  be  ever 
turned  towards  their  deftrudion  ;  but  however  much 
this  method  of  arguing  may  prevail  among  minifters 
of  ftate,  1  hope  it  will  never  be  admitted  by  thib 
affembly.  Here  I  hope  the  antient  maxim  of  our 
Gonftitution    will  alwaya   prevail.  That  the  king  has 

many 


44<5  POLITICAL  Book  V. 

many  prerogatives  to  do  good  ;  but  not  fo  much  a3 
one  to  do  evil  a/ 

On  a  motion,  A.  D.  1744,  for  enquiring  into  the 
caufe  cf*the  inifcarriage  at  Toulon,  Mr.  Cornwal com^ 
plains,  as  follows,  of  the  effed:  ofminifterial  influence 
in  parliament.  Sir,  My  duty  to  my  country,  and 
my  duty  to  my  neareft  and  deareft  relation,  force  me 
up,  to  fecond  the  motion,  which  the  worthy  gentle- 
man behind  me  has  fo  properly  made  you  3  butlmuft 
always  call  the  day  he  has  me'ntioned  cruel,  as  well  as 
honourable :  However, 

His  faltem  accUmulcm  donis,  et  fungar  inani 

Munere Virg. 

And  to  fay  the  truth.  Sir,  the  hon.  gentleman  and  I 
have  frequently  before  now  intended  to  move  a 
queftion  of  this  fort,  but  we  have  as  often  expe (fled 
it  to  come  from  more*abIe  gentlemen  now  in  my  eye, 
as  one  condition,  Jine  qua  non^  of  their  change  of 
fituation.  More  than  half  of  the  feffion  is  lapfed, 
and  not  one  of  thefe  conditions  is  fulfilled,  Sir, 
almoft  all  the  money  is  given,  not  only  all  that  the 
moft  believing  and  moft  fanguine  country  gentleman 
can  raife,  but  all  that  tbe  moft  devoted  courtier  caji 
afk :  but  not  a  fingle  grievance  has  been  redreffed. 
Should  not  thefe.  Sir,  and  our  fupplies  proceed  pari 
pajfu  ?  Let  us  therefore  for  fhame  make  a  beginning 
with  this ;  and  as  it  cannot  be  redreffed  but  by  en- 
quiry, let  us  now  exercife  one  of  our  fundamental 
rights,  which  our  infatuation,  not  corruption  to  be 
fure,  has  fo  long  fufpended,  that  it  is  almoft  bft. 
There  is  not  a  man  in  the  nation,  wh«  docs  not  know 
in  his  private  capacity  that  there  has  been  great  miU 

con.du(5Vj 

a  Aim.  Deb.  C«m.  i  i.  268. 


Chap.  IV.       DISQUISITIONS.  44 1 

condud,  nay  cowardice  fomewhere  or  other  in  the 
commanders  of  this  Englijh  Armada.  Should  not 
then.  Sir,  even  our  minifters  themklvcs  have  laid  the 
whole  before  parliament  ?  But  which  of  us  in  his 
public  capacity  here  has  heard  a  word  of  it  ?  Do  none 
of  our  minifters  recoiled  what  was  done  when  the  duke 
oi  Tork  commanded  in  the  time  of  king  Charles  lid, 
and  admiral  RuJJel  in  that  of  king  William?  And  thefe. 
Sir,  were  in  fome  fort  vicftories  :  for  although  in  the 
former  the  Dutch  burnt  fome  of  our  (hips  at  Chatham  ; 
yet  before  they  got  back,  we  funk  and  deftroyed  twenty 
of  their  capital  (hips,  though  fuperior  to  us  in  num- 
ber ;  and  although  in  the  latter  we  deftroyed  fixteea 
of  the  French  men  of  war,  for  which  the  admiral 
had  the  thanks  of  both  houfes,  and  was  created  earl 
of  Harrington  ;  yet.  Sir,  thofe  princes  were  advifed, 
unaddreffcd,  to  lay  thefe  matters  upon  your  table, 
and  I  read  in  your  journals,  that  cenfures  were  paffed 
on  particular  parts  of  thefe  tranfadlions.  But  now. 
Sir,  though  more  than  a  twelvemonth  ago  forty 
(hips  of  England  made  with  a  difficulty  a  drawn 
battle  againft  30  of  the  combined  fleets,  yet  the 
parliament  is  told  nothing,  nor  has  alked  a  fingle 
queftion  concerning  it.  Therefore,  for  God's  fake. 
Sir,  for  the  fake  of  common  fenfe,  as  well  as  juflice 
and  our  own  honour,  let  this  enquiry  be  haltened. 
i  fhall,  for  the  fake  of  form,  trouble  you  with  two 
fubfequent  motions,  viz.  That  it  may  be  a  com- 
mittee of  the  whole  houfc,  and  that  this  houfe  do, 
this  day  fortnight  relolve  itfelf  into  a  committee  of 
the  whole  houfe  upon  this  matter.  Our  journals 
juftify  the  form  and  method  of  proceedings  and  it 
any  gentleman  has  objedions  to  the  thing,  1  hope  I 
fliall  be  permitted  to  enter  the  litts  with  him  i  for 
though  on   any    other  fubjedl  I  (hould  be  foon  van- 

VoL.l.      '  LH  q^'^^^^' 


442  POLITICAL  Book  V. 

quiflied,  yet  on  this  felf-evident  propofition  I  cannot 
but  think  of  obtaining  a  complete  vidory  »/ 

Our  chief  bufincfs  in  this  houfe/  fays  Mr.  Carew^ 
A.  D.  1745,  '  is  to  keep  a  watchful  eye  over  thofe, 
who,  under  our  fovereign,  are  the  firft  fprings  of  our 
government,  and  to  make  an  enquiry  into  their  eon- 
dud,  as  often  as  we  find  the  lead  reafon  to  fufpecft 
that  they  have  been  prompted  by  fome  private  view, 
to  do  or  advife  any  thing  that  was  inconfiflent  or  of 
dangerous  confequence  to  the  public  welfare.  This, 
I  fay,  is  our  chief  bufinefs :  this  is  our  duty  j  and 
this  duty  we  are  the  more  obliged  to  perform  when 
it  appears  that  our  country  has  fuffered,  or  is  like  to 
iufier  feverely,  by  the  mifcondua;  or  the  bad  advice 
given  by  our  minifters  b.' 

It  is  owing  to  the  fame  fatal  influence  in  the  parlia- 
ment of  a  neighbouring  kingdom,  that  my  much- 
honoured  friend  Sir  fT,  Mayne,  and  his  worthy  ad- 
herents, have  met  with  fuch  oppofition  in  their  fate 
moft  reafonable  demand  in  parliament  of  papers, 
accounts,  and  tranfadlions  relating  to  the  public  con- 
cerns of  that  declining  country  S 

A,  D.  1734,  a  meffage  was  brought  to  the  commons 
from  the  king,  defiring  that  the  houfe  would  enable 
him  to  augment  his  army  [againft  the  windmills  on  the 
continent]  if  neceffary,  between  the  diffolution  of  that 
parliament  and  the  fittingof  a  new  one. 

Sir  miliam  JVyndham  fpoke  on  this  occaficn  as 
follows  :  «  Sir,  I  muft  own  my  furprize  h  as  great  as 
my  worthy  friend's,  that  a  meffage  of  this  nature 
iLould  be   fent  to  this  houfe  fo  near  to  the  clofe  of 

this 


a  ^/^.  Deb.  Com.   i  i.  177.  b  Ibid.  258. 

c  ^ee  the  News-Papers  of  AW.   i-"^-? 


Chap.  IV.       DISQUISITIONS.  443 

this  feffion  ;  for  whatever  promifcs  were  or  were  not 
made  the  firft  day  of  the  feffion,  I  am  very  fure  moft 
gentlemen  expedted  that  every  thing  of  confcquencc 
had  been  over  long  before  this  time ;  and  upon  tlv.s 
general  prefumption,    a  great  many   gentlemen    who 
have  not  the  honour  to  be  let  into  miniftenal  fecrets, 
are  gone  ioto  the  country  ;    it  being  at  prefent  more 
neceffary  perhaps   than  ufual   for  iuch   gentlemen  to 
return    to   their  refpedive   countries     m    order    to 
prevent  their   being  bought  and  jobbed  out  ot  that 
natural  intereft   by   which  only  they  can   expefl  to 
eniov  the  honour  of  reprefenting  their  country  m 
parliament.      But  however  neceffary  perhaps   taeir 
prefence  may  be  at  this  time,  yet  i    time  be  allowed 
Them,  I  doubt  not  but  moft  of  them   will  think  it 
their  duty   to   return  to  the  fervice  of   their  country 
in  this  houfe  when  they  hear  that  a  matter  of  fo  very 
great  importance  is  to  come  before  us ;  it  is  1  thinK, 
Sir,  a  matter  of  the  higheft  importance  -,  u  is  as  my 
worthy  friend  called  it  an  abfolute  furrender  of  ou. 
all,  a  furrender  of  the  rights,    and  a  delegating  the  ■ 
power  of  parliament  to  the  crown      This   ab(olute 
power,  it  is   true,    is  now   demanded   Ir.t  t^l  next 
feffion  of  parliament :  but  if  it  were  not  fo^  the  con- 
fidence   I  repofeinhis  prefent  niajefty,  IJ^^uldhc 
much  afraid  the  next  feffion  would  never  be  allowed 
t6  meet  unlefs  upon  the  new  eleftion  a  majority  ot  the 
members  (hould  appear  to  be  fuch  as  would  be  reaay 
to  confirm  or  to  renew  that  furrender       1  he  honoar- 
able  gentleman   on  the  floor  has  told  us.  tnat  it  lias 
always  been  ufual   to  fliew  fo  much   refpcft  to  the 
crown,  as  to  take  fuch  meffages   as   the   pre(ent   into 
our  confideration  the  very  next   day,    and  tha    he 
remembers  no  inttance  to  the  contrary.     It  is  true, 


4H  [POLITICAL  Book  V. 

Sir,  fince  I  have  fat  in  parliament  I  remember  many, 
but  too  many,    meffages  fomething  of  this   nature ; 
and  I  believe  they  have  always  been  taken  into  con- 
iideration  the  next  day  ;  but  that  did   not  proceed  fo 
much  from  the  refped:  we  owe  to  the  crown,  as  from 
the  caufe  offending  the   meffage.     There  never  was 
a  meffage  of  this  kind  fent  from  the  crown  but  when 
the  nation  was  threatened  with  fome  fuch  thing  as 
an  immediate  invafion  or  infurredion,  which  in  the 
body  of  the  meffage  was  expreffed   to  be  the  reafon 
or  caufe  offending  fuch  a  meffage,    and  as  in   fuch 
cafes  the  near  approach  of  the  danger  required  the 
immediate  concerting  of  proper  meafures  to  prevent 
it,  we  may  fuppofe  this  was  the  chief  reafon  of  their 
being  fo  immediately  taken  into  confideration  by  this 
houfe.     But  as  we  are  generally  apt  to  improve  upon 
bad  precedents,  I  will  be  bold  to  fay,  that  there  never 
was  fuch  a  meffage  fent  to  parliament   as  the  prefent, 
either  with  refped:  to  its  nature,  to  the  reafon  of  fend- 
ing it,  or  to  the  time  of  its  being  fent.     By  no  mef- 
fage that  ever   was  fent  to  parliament,  was  there  an 
abfolute  and  unlimited  power  demanded  by  the  crown, 
which,  to  every  gentleman,  muft  appear  at  firfl:  fight 
to  be  the  demand   now  made   upon   us  ;    there  was 
never  fuch  a  meffage  fent  to  parliament,  but  what  in- 
formed us  of  fome  immediate  danger  impending  and 
juft  ready  to  fall  upon   the  nation.     By  the  prefent 
meffage  we  are  told  of  no  fuch  thing  ;    nor  do  I  be- 
lieve that  any  fuch  thing  can  be  pretended  5  and  I  re- 
member no  inftance  of  a  meffage  any  way  refembling 
this,  that  ever  was  fent  to  this  houfe,  the  very  end 
of  a  feffion,  and  that  feffion  the  laft  of  a  parliament. 
I  cannot  indeed,  Sir,  form  to,  myfelf  a   reafon  why 

any 


Chap.  IV.         D  I  S  Q  U  I  S  I  T  I  ON  S.  445 

any  fuch  meflage  (hould  have  been  at  all  fent  -,  and 
much  lefs  can  I  form  a  reafon  why  it  (liould  have 
been  fent  at  fuch  a  remarkable  time ;  therefore,  I 
muft  think  that  gentlemen  will  certainly  expert  to  be 
informed  by  thofe  who  are  able  to  inform  them, 
what  neccflity  there  was  for  this  meffage,  and  from 
what  fudden  and,  till  now,  unforefeen  change  in  our 
affairs,  the  fending  of  fuch  a  mtffage  has  now  become 
more  neceffary  than  it  was  at  any  time  during  the 
former  part-  of  the  feffion,'  &c. 

Many  other  members  fpoke  unanfwerably  on  the 
impropriety  of  fuch  a  meffage  at  fuch  a  time.  But 
the  miniflry  carried  their  points 

When  it  was  determined,  J,  D.  1736,  that,  to 
fave  the  defirudion  of  the  people  by  fpiriiuous  li- 
quors, certain  burdens  fliould  be  laid  upon  them,  to 
enhance  their  price,  and  put  them  out  of  the  reach  of 
the  vulgar  -,  the  IValpollan  crew,  ever  attentive  to 
money-matters,  ever  ihirfting  for  the  people's  life- 
blood,  infifted,  that  70,000/.  a  year  Ihould  be  fettled 
on  the  civil  lift,  to  make  up  for  the  deficiency,  which 
would  enfue,  they  faid,  upon  the  difcouragemerit  of 
fpirituous  liquors.  It  was  urged,  that  the  reftraint 
laid  on  the  ufe  of  fpirituous  liquors  would  improve 
all  the  revenues,  and  the  civil  lift  among  the  reft,  be- 
caufe  it  would  f^ve  the  lives  of  multitudes,  and  there 
would  be  a  greater  confumption  of  beer,  6cc.  and 
that,  at  mofl,  parliament  was  only  obliged  to  make 
good  43, coo/,  the  fum,  which  the  duties  en  jpirituoiA 
liquors  were  expedted  to  raife,  the  70,000/.  bemg  a 
confequence  of  the  people's  excefs.  But  the  courtiers 
infifted,  that  parliament  had    no  bufinefs   to  enquire 

whciner 


a  Deb.  Com.  viii,  212, 


^46  POLITICAL  Book  V. 

whether  the  duties  granted  to  the  civil  lift,  produced 
the  expeded  fum  of  8o©,ooo/.  a  year,  or  a  million  ; 
but  if  they  did  really  produce  more,  that  furplus  was 
a  fort  of  prize  already  granted  to  his  majefty*  [that  is, 
to  the  miniftr.y]  *  and  parliament  neither  ought,  nor 
could  take  any  part  of  that  furplus  from  him,  or 
make  any  alteration,'  [however  neceffary  for  the 
fafety  of  the  people]  *  by  which  that  furplus  might 
be  diminifhed,  without  making  good  the  lofs  in  fome 
other  way  ^.'  Thus  thefe  modeft  gentlemen  argued, 
that  the  miniftry  ought  to  have  certain  revenues 
whole,  that  they  might  always  have  enough  to  dole 
away  among  their  crew,  whether  thofe  revenues  pro- 
duced a  million,  or  two  millions,  annually,  and  that 
the  poor  people  are  never  to  be  gainers  by  any  im- 
provement made  in  revenue- matters.  All  the  while, 
they  (hewed  no  anxi«ty,  whether  the  finking  fund 
might  lofe.  No  matter  what  becomes  of  the  public. 
This  is  the  manner  of  conftruing,  at  court,  the  old- 
maxim,  Sahis  populi  fuprema  lex.  It  was  carried, 
however,  for  the  70,000/. 

A.  -D.  1738,  ihehoufe  goes  up  with  an  addrefs  of 
thanks  for  the  convention,  which  was  fo  unpopular, 
they  wxre  afliamed  to  print  it,  in  the  votes,  as  ufual. 
What  a  ftate  of  corruption  the  houfe  muft  have  been 
inb! 

*  Laws,  being  the  rules  of  government,  ouiht  (fays 

J  Ckifieje  emperor  c,)  to  be  faultlefs/     By  the  fame 

Tule,  the  law-makers  ought  to  be  faultlefs^  not  to 

be  the  moft  lawlefs  part  of  the  people  i  not  the  great 

cor- 


a  Deb,  Com.  ix,  1^5.  b  Ibid,  x,  6. 

c  Mod.  Univ.  Hist,  viij.  166. 


Chap.  IV.        DIS(i_UISITIONS.  447 

corruptors  of  the  people.     It  is  infinitely  fliameful  ta 
fee  the  parents  leading  the  children  into  wickednefs. 

*  It  is  a  maxim,  Sir/  (fays  Sir  W,  Wyndham  in  the 
debate,    A»  D,  1738,  on   the  Spanijh   depredations) 
that  we  ought  not  to  fpcak  ill  of  the  dead  :  but  this 
maxim  relates  to  dead  men,  not  to  dead  parliaments. 
Of  parliaments  we    mud   fay   nothing   amifs,  while 
they  are  living ;    but   after  they   are  dead,  we  are 
allowed  to  tell  the  truth,  and  to  give  our  fentiments 
of  them  freely.     This  parliament  will  foon  come  ta 
die  as  others  have  done  before  it  :  It  can  live    but  a 
very  few  years  longer  ;  therefore  let  us  confider  what 
people  will  fay  of  us  when  we  are  dead,  if  we  lliould 
give  the  lead  reafon  to  fufpedt  that    we   approved  of 
fiich  a  maxim.     Some  former  parliaments  feeme4,  to 
fpeak,  upon  all  occafions,  the  fenfe  of  minifters,  and 
their  fenfe  only.     But  I  am  fure  the  charadler  now 
generally   given   to  thofe  parliaments  can  be  no  en- 
couragement for  us  to  follow  their  example  ^/ 

The  houfe  of  commons  had  for  many  years 
fcarce  any  other  employment  than  receiving  addref- 
fes  and  petitions  concerning  the  Spanijh  depreda- 
tions.'— '  The  arts  and  influence  of  the  minifter  would 
have  continued  to  defeat  the  voice  of  the  nation  and 
di  the  independent  part  of  the  parliament  that  called 
for  war,  had  not  the  court  of  Spain — bafHed  all  the 
complying  arts  made  ufe  of  by  the  Briti/Jo  minifter, 
who  would  ftill  have  put  oft  the  war,  had  the  court 
of  Madrid  condefcended  even  to  fave  common  ap- 
pearances by  feeming  difpofed  to  grant  fatisfadion 
to  the  Britip  nation,  b'  At  laft,  the  king  prevailed 
for  war  fore  again  ft /F^i^(?/^'s  inclination,  who  deferved 

to 


a  Deb.  Com.  x.  253. 

bMoD,  Urnv.  Hist.  xLi.  4iij> 


448  POLITICAL  Book  V, 

to  lofe  his  head  for  oppofing  the  fenfe  of  the  nation, 
though  the  fenfe  of  the  nation  had  been  wrong. 

The  duke  of  Argyle  obferved,  A.  D.  1739,  in  the 
debate  on  the  penfion-bill,  that  it  was  a  little  extra- 
ordinary, that  the  commons  (hculd  pafs  the  penfion- 
bill,  and  very  foon  after  rejedl  a  place-bill  \     There 
is.no  doubt,  but  the  principle  of  a  place-bill  is  the 
fame  with  that  of  a  penfion-bill  ^  and  that  there  could 
be   no  reafon  given  for  pafling  one,    that    was    not 
equally  good  for  paffing  the  other.      But  this  proceed- 
ing of  the  commons  may  be  explained  by  fuppofing, 
that,  when  the  place-bill  was  five  times  pafled  by  the 
commons,  and  thrown  out  by  the  lords,  there   was 
an  underftanding  between  the  houfes,  and  the  com- 
mons paffed  upon  the  certainty  that  the  lords  would 
rejedl;  and  that  when  the  commons   rejedted,  they 
had  not  fettled  matters  with  the  other  houfe.    Other- 
wife  we  mud  look  upon  them  as  a  fct  of  drivellers 
acting  upon  no  principle  whatever. 

*  Of  late  years,  (fays  Mr.  Pulteney  ^)  gentlemen 
have  been  led,  I  do  not  know  how,  into  a  new  me- 
thod of  proceeding  in  parliament,  a  method  very  dif- 
ferent from  what  our  anceftors  did  always  obferve. 
In  former  times  the  general  or  particular  grievances 
were  firft  examined,  confidered  and  redreffed  in  par- 
liament before  they  entered  upon  the  granting  of 
any  fupplies;  but  lately  we  have  been  led  into  a 
method  of  granting  all  the  money  neceflary  for  the 
public  fervice  among  the  firft  things  we  do.  The 
malt  tax  bill,  the  land  tax  bill,  and  fuch  bills  are 
now  in  every  feflion  the  firft  things  that  appear  upon 
the  journals  of  this  houfe  ;  and  when  thefe  things 
are    finiflied,    the  gentlemen    in  the  adminiftration 

generally 

a  Deb.  Com.  vj.  398.  h  Ibi^«  ^i  i.  286, 


Ghap.  IV.      DISQUISITIONS.  449 

generally  look  on  the  whole  bufinefs  of  the  feflion 
to  be  over.  If  this  houfe  fhould  then  enter  upon 
any  difagreeable  enquiries  into  grievances,  we  might 
perhaps  be  told,  that  the  feafon  was  too  far  fpent ; 
that  it  was  neceffary  for  gentlemen  to  return  home  to 
mind  their  private  affairs;  we  might  probably  be 
obliged  to  defer  to  another  feffion  what  the  welfare  of 
this  nation  required  to  be  determined  in  the  prefent. 
I  hope  gentlemen  will  confider  this,  and  that  they 
will  again  begin  to  follow  the  wife  method  obferved 
by  our  anceftors,  and  keep  fome  fecurity  in  our  own 
hands  for  our  fitting  till  we  have  heard  and  redrefled 
all  the  grievances  of  our  fellow  fubjeds/ 

*  Whatever  we  may  think,  my  lords,  here  at  home,' 
fays  lord  Carteret,  A.  D.  1739,  *  I  have  good  reafon 
to  believe  that  the  frequency  of  fuch  demands'  [votes 
of  credit,  civil  lift  debts,   &c.]  '  and  the  ready  com- 
pliance they  have  all   met  with,  renders   our  confti- 
tution  the  common  jeft  of  every  man  abroad.     Our 
pretences  to  liberty  will,  I  fear,   in  a  fhort  time,  be 
Gome  as   much   the   ridicule  of  foreigners  as  our  late 
condud;   has    already    rendered  our  pretences  to  the 
holding  of  the  balance  of  power  in   Europe,     I  was 
confirmed  in  this  opinion  by  a  queftion  lately  put  to 
me  by  a  French  nobleman.     He   was  a  man  of  good 
fenfe,   and  yet  he  one  day  ferioufly   afked  me  what 
diflference  tiere  was  between  the  parliament  of  Eng- 
land and  the    parliaments    they   have  in  France,     1 
readily  anfwered,  and  I  hope  I  had  iome  ground  for 
faying,  that  in  France  the  king  makes  their  laws  or 
edids,  and  their  parliaments  muft  comply  with  what- 
ever  the  king  delires,  but  in   Engla?2d  our  laws  are 
made   by  king  and    parliament,  and  our  parliam^ents 
m^y  refufe  to'comoly  with  whatever  the  kingde.irc.. 
Vol.  I.  M  m  m  To 


4SO  POLITICAL  Book  V, 

To  which  he  as  readily  replied  3  In  ycur  late  hiftory 
we  read  of  feveral  extraordinary  nieflages  or  demands 
fent  by  your  king  to  his  parliament,  no  one  of 
which  was  ever  refufed  ;  and  pray  where  is  the 
difference  between  an  edid  made  by  the  king,  and  an 
edicft  made  by  king  and  parliament,  if  the  parliament 
never  refufes  what  the  king  is  pleafed  to  demand; 
for  our  parliaments  claim  the  privilege  of  refufing  as 
well  as  yours  ;  and  if  a  trial  were  to  be  made,  fuch 
a  refufal  might  perhaps  be  found  as  infignificant  in 
England  as  it  now  appears  to  be  in  France.  This 
I  am  apt  to  believe,  my  lords,  is  the  way  of  thinking 
in  other  countries  as  well  as  Fra72ce  -,  and  if  a  gene- 
ral vote  of  credit  and  confidence  fhould  once  become 
a  fort  cf  cuftomary  compliment  from  the  parliament 
to  the  crown,  at  the  end  of  every  feffion,  or  as  often 
as  our  minillers  may  think  fit  to  dcfire  it,  this  may 
become  the  way  of  thinking  at  home,  as  well  as  a- 
broad.  If  this  {hould  ever  come  to  be  the  cafe,  our 
parliaments  will  of  courfe  become  defpicable  in  the 
eyes  of  mofl  of  our  own  people;  and  when  the  form 
of  an  ad  of  parliament  begins  to  be  contemned,  a 
prochmation  may  eafily  and  fafely  be  fubftituted  in 
its  flead.  It  w^ould  indeed  be  happy  for  the  nation  it 
were  fo,  for  when  a  parliament  ceafes  to  be  a  check 
upon  minifters,  it  becomes  an  ufelefs  and  unneceffary 
burden  upon  the  people.  The  reprefentatives  of  the 
people  in  parliament  mufl  always  be  paid  fome  way 
or  other  by  the  people  :  If  their  wages  are  not  paid 
openly  and  fairly  by  their  refpedive  conflituents,  as  they 
were  formerly,  a  majority  of  them  may,  in  future 
times,  be  always  ready  to  accept  of  wages  from  the 
admJniftration,  which  mufl:   at  laft  ccme   out  of  the 

pockets 


Chap.  IV.       DISQUISITIONS.  451 

pockets  of  the  people,  and  will  fall  with  a  much  greater 
weight  upon  them  -,  at  the  fame  time  that  it  renders 
their  reprefentatives  of  no  ufe  to  them.  There  is  no 
way  of  preventing  this,  but  by  putting  it  out  of  the 
power  of  minifters  to  pay  wages  either  to  the  elec- 
tors  or  eledled  $  and  this  can  be  no  way  6ox\c,  but 
by  ftrialy  confining  public  grants  to  public  fervices, 
according  to  the  eftimates  previoufly  delivered  into 
parliament/ 

«  In  all  cafes'    (fays  Mr.  Sandys  m   the   debate   on 
the  Spanip  depredations,  A,  D.    1739  ")  '  we  ought 
to  diftinguilh    carefully   between   the  refped  due  to 
the  crown  ai^d  the  regard  that    may  be  claimed   by 
the   minifters    of  the    crown.      To  the  crown    we 
owe  a   great  and  a  fmcere  regard^   but  to  minifters 
none,    but  what  they  juftly  acquire  by  their  condudt. 
Nay,  a  regard  for   the    latter   may  often   be    mcon- 
fiftent  with  that  regard  which  is  due  to  the  former. 
Of  late  years  parliaments  have  (liewn  a  much  greater 
refpea  to    the    minifters    of  the   crown,   than  was 
ufual  in  former    ages  ;  and  I  am  under  feme  appre- 
henfions  that  by  continuing  to  ihew  the  fame  refped: 
for  a   few  years  longer,    we  fhall  at  laft  lofe    all  that 
refpcdt  which  the  people  of  this  kingdom  ought  to 
have  for  their  parliaments.  If  this  (hould  ever  happen 
to  be  our  cafe,  which  God  forbid  i   our  happy  con- 
ftitution    would    be   at  an   end  :     Our   people  could 
not  then  be  governed  by  parliaments,  or  by  any  fort 
of  civil  government.     They   muft   be    ruled    by    a 
landing  army  and  a  military  government/      ^ 

Several  lords  protefted,  A.   D.   17 ¥'^  ^2^^"^  '^^- 
drefling  the  king  on  his  fpeech,  in  particular  terms 
^  *  Becaule 


a  Deb.  Com.  ii.  loS. 


452  POLITICAL  Book  V. 

Becaufe  it  was  the  antientcuftom  of  the  lords  to  pre- 
fent  an  immediate  general  addrefs  of  thanks  only,  and 
to  take  time  to  confider  the  matters  contained  in  the 
fpeech.  That  the  houfe  had  then  time  to  form  a 
judgment  and  to  give  their  advice  to  the  crown. 
That  a  fpeech  from  the  throne  was  juftly  confidered 
as  the  ad:  of  miniRers  5  that  ecchoing  back  the  par- 
ticulars of  a  fpeech  was  a  modern  expedient  to  pro- 
cure a  precipitate  approbation  of  meafures  that  might 
not  be  approved  upon  better  confideration.  That  an 
enquiry  into  the  inadion  of  the  laft  year^  notwith- 
ftanding  the  immenfe  expence  of  maintaining  fleets 
and  armies,  was  the  proper  bufinefsof  that  houfe,  and 
would  be  a  means  of  bringing  the  war  to  a  happy 
conclufion,  &c,  ^' 

I  might  very  properly  infert  under  this  head  of 
minijlerial  infuence  in  the  houfe^  the  greateft  part  of 
two  whole  articles  I  have  colledted,  viz,  Minijlers^ 
and  P^f«te/o«,.  which  together  would  make  a  volume, 
and  fhall  appear,  abridged,  in  the  fequel.  But  I  will 
only,  as  a  fample,  injlar  omnium^  give  here  the  fol- 
lowing charges  brought  againft  Walpole^  that  minifter 
of  minifters,  that  corrupter  of  corrupters,  by  the  lord 
Bigby^  A.  D.  1 74 1  b. 

'  That  all  the  titles,  honours,  penfions,  places  and 
other  favours  of  the  crown,  have  for  twenty  years 
paft  been  difpofed  of  to  none  butfuch  as  voted  in  par- 
liament or  at  eledions,  according  to  the  diredion  of 
the  minifter :  That  within  thefe  ten  years  feveral 
perfons  of  high  rank  and  great  merit  have  been  dif- 
mifled  from  all  the  offices  they  held  at  the  pleafure 

of 


a  Deb.  Lords,  vii.  480. 
b  Deb.  Com,  xiii.  198. 


Chap.IV.         DISQUISITIONS.     '      453 

of  the  crown,  for  no  other  known  or  aflignable  rea- 
fon,  but  becaufe  they  oppofcd  the  minifter  in  parha- 
ment:  That  officers  in  the  army  and  navy,  who  got 
thcmfelves  feats  in  this  houfe,  and  voted  as  they  were 
bid,  have  gained  preferments  out  of  their  rank,  to 
the'difappointment  of  officers  of  longer  feivice  and 
greater  merii  in  their  military  capacity  :  Thcfe  things 
are  known  to  all  men  both  within  doors  and  Vv'ithout ; 
and  are  of  themfelvcs  a  ftrong  prefumption,  if  not  a 
certain  proof,  that  our  minifter  had  a  formed  defign 
to  overthrow  our  conftitution  by  eftablifiiing  a  corrupt 
influence  in  parliament/ 

Pelham,  in  defending  Walpok  S  alledges,  that  it 
could  not  be  proved,  that  he  had  corrupted  the  houfe 
of  commons.  He  challenges  any  gentleman  than  in 
the  houfe,  to  convid  Walpok  oi  reqaefting,  or  tempt- 
ing him,  or  any  one  elle,  to  vote  againft  his  con- 
fci'ence.  But  if  Mr.  Sandy  had  afked  Pelham,  how 
it  came  to  pafs,  that  there  were  in  the  houie  fome 
hundreds  of  placemen  ;  why  places  were  given  to  fo 
m^iny parliament-men,  above  all  others;  and  why  thofe 
places  were  taken  away,  when  members  voted  againft 
the  minifter's  meafures ;— what  would  he  have  an- 
fwered  ?  Had  I  a  fuit  at  law,  and  did  I  publickly 
fcatter  bank-notes  among  the  jurymen,  would  there 
be  any  need  of  proof,  that  I  meant  to  biafs  them  ? 
Thus  clumfily  do  thefe  miniflerial  tools  endeavour  to 
deceive  us  in  a  manner  too  grois  to  pafs  upon  children 

or  idiots.  ^  ,r  .    t  • 

Obferve  the  modefty  of  IValpole  himfclf  in  his  own 
defence,     '  As  for  the  declamatory  excurfions  that 

have 


a  Deb.  Com.  xii.  84- 


454  POLITICAL  BookV. 

have  been  made  about  the  alarm  given  to  the  people 
by  the  great  number  of  officers  civil  and  military,  we 
have  at  prefent,  and  about  the  danger  our  liberties 
and  conllitution  may  be  expofed  to  by  corrupt  prac- 
tices, they  may  be,  and  1  find  they  are  introduced 
into  every  debate ;  but  as  it  would  be  an  endlefs 
taflc  to  anfwer  them  upon  every  occafion,  all  I  flmll 
fay  to  them  upon  this  is,  that  we  are  here  in  the 
proper  place  for  enquiring  into  fuch  things:  If  any 
gentleman  knows  of  an  unneceffary  office  that  has 
been  lately  fet  up,  or  an  unneceffary  officer  appoint- 
ed :  If  any  gentleman  knows  of  any  attack  that  has 
been  lately  made  or  attempted  upon  our  conftitution  -, 
or  if  any  gentleman  knows  of  any  corrupt  pradices 
lately  introduced,  or  made  ufe  of,  he  may,  nay, 
as  a  member  of  this  houfe,  which  is  the  grand  in- 
queft  of  the  nation,  he  is  in  duty  bound  to  take 
notice  of  it  to  the  hcufe  :  But  then  he  ought  to  be 
particular  :  He  ought  to  name  the  office,  or  offi- 
cers, fet  up  or  appointed,  the  attack  that  has  been 
attempted,  or  the  corrupt  pradice  that  has  been  made 
life  of;  and  he  ought  to  move  for  an  enquiry  into 
what  he  finds  fault  with;  for  by  thus  declaiming  in 
general,  he  can  do  no  fervice  to  his  country,  he 
can  give  the  houfe  no  information,  nor  corredt  any 
abufe.  He  does  nothing  but  take  up  the  time  of 
this  houfe  mod  unnecefTarily  ;  for  he  cannot  expcdl 
that  fuch  general  declamations,  though  they  may 
pleafe  the  galleries,  fhould  have  any  influence  upon 
any  gentleman,  who  has  the  honour  of  being  a 
member  of  the  houfe;  much  lefs  can  he  expecft  their 
having  fuch  an  influence  in  this  quefticn,  where  the 
vigorous  profecution  of  the  war  is  at  ftake,  than  in 

any 


Chap.  IV.         DISQUISITIONS.  455 

any  queftion  of  a  different   nature,   that   can    come 
before  us  ^/ 

x\  thorough-paced  minifter  makes  no  more  hefita- 
tion  in  carrying  on  his  views  at  the  peril  of  the  nation, 
than  at  the  rifque  of  a  few  pounds  eledioneering  mo- 
ney. An  Oxford  and  a  BoUngbroke  muft  keep  in  place 
at  all  adventures.  A  Walpole  muft  not  relign,  be  the 
confequences  what  they  wi  1.  *  It  is  neceffary  for 
me  to  crofs  the  river,'  (fays  Alexander  to  his  captains, 
telling  him  that  it  was  as  much  as  his  life  was  worth 
to  attempt  to  pafs  the  Granicus)  '  but  it  is  not  ne- 
ceffary for  me  to  live.'  Many  inftances  of  this  def- 
perate  tenacioufnefs  at  the  hazard  of  the  nation  will 
appear  in  the  article  Minijiers  in  the  fcquel.  At 
prefent  I  only  refer  to  one  or  two  exhibitions  oi  JVal-^ 
polian  influence  of  this  kind,  in  the  matters  of  Hofier 
and  Fernon,  &c. 

In  the  year  1728,  the  commons  voted  the  orders 
given  toH^(?r*juft,  prudent,  and  neceffary;  while 
the  nation,  and  all  Europe  knew,  that  the  unfortu- 
nate admiral,  and  his  brave  men,  were  facrificed  to 
the  villainous  fchemcs  of  a  minifter  ^.  See  the  lords 
proteft.  c 

And  of  the  affair  of  Vernon  the  authors  of  the  Mod. 
Univ.  Hist,  write  thus.  *  The.  nation  was  not  at 
this  time  deftitute  of  able  naval  commanders,  but 
they  were  unfortunately  in  the  intercft  of  the 
minifter,  to  whom  they  knew  a  vigorous  war  would 
be  difagreeable,  and  moft  of  them  being  members  of 
parliament,  had  generally  voted  on  his  fide.  ^'     Ver- 

710  Uf 


a  Deb.  Com.  xi.   195. 

b  Use  and.  Abuse  of  Parl.  11.  362 

c  Ibid.  370.  d  Mod.  Univ..  Hist.  xli.  41Z- 


43^  POLITICAL  Book  V. 

non,  who  was  not  at  that  time  in  parliament,  had  often 
fpoke  againft  the  minifter  and  his  pacific  fchemes,  and 
declare  that  he  could  take  Porto  Belio  with  6  (hips 
only.  Therefore  he  was  taken  at  his  word,  the  mini- 
fter  probably  hoping,  that  he  would  have  no  better 
fuccefs  than  Hofier, 

In  the  fame  manner,  there  is  too  much  realon  to 
conclude,  that  the  duke  of  A^^w^r^/f's  fendngoutthe 
unfortunate  Byngy  A.  D.  1756,  io  ill  appointed,  and 
with  fo  infuflicient  a  fleet  againil  the  French  {  if  it  had 
not  happened,  that  a  fliip  or  two  from  Minorca  made 
good  ajundion  with  Mr.  Byng^Yns  fleet  had  not  been 
equal  in*number  with  the  enemy's)  there  is,  I  fay, 
too  much  reafon  to  conclude,  that  this  proceeding 
was  in  the  confidence  that  cowardly  miniftry  had  of 
being  fecured  by  a  corrupt  parliament. 

The  three  following  ftrokes  oi  Walpolian  parliamen- 
tary legerdemain  fland  together  in  the  Use  and 
ABUSE  OF  Parl.^  VIZ,  the  throv/irig  out  a  qualifi- 
cation avft^  quaihing  a  motion  for  a  committee  to 
enquire,  whether  any  members  fate  in  the  houfe  con- 
trary to  law  \  and  a  vote  for  'England''^  P^y^^g  ^hc 
deficiencies  of  a  French  fubfidy  to  DetJfnark. 

Walpole  was  fo  pinched  for  money  to  gratify  his 
harpyes,  that  he  had  nothing  to  fpare  for  war  againft 
Spaiuy  which  treated  Fngland  for  many  years  with  an 
infolence,  that  vv^ouid  have  ill  become  the  greatelt 
power  in  Europe  to  the  meaneft.  At  laft,  w^hen  the 
outcry  of  the  nation  forced  him  into  a  mockery  of 
war,  Porto  Bello  and  too  Carraca  (liips  were  taken. 
Thus  one  man  had  it  in  his  power  to  make  this  great 
nation  univerfally  contemptible  -,  at  the  full  exertion 

of 


a  II.  44S. 


Chap.  IV.       DISQUISITIONS.  457 

of  whofe  force  in  the  late  war,  all  Europe  even  now 
ftands  aghaft.  Such  are  the  direful  efFeds  of  mini* 
fterial  influence  in  parliament.  Accordingly  Pelhams 
chief  defence  of  Walpole\%  taken  from  the  approbation 
given  to  his  meafures  by  parliament,  at  the  fame  time 
that  Pelham  knew  in  his  confcience,  that  parliament 
was  filled  with  Walpole^  creatures  a. 

In  the  year  1742,  the  lords  read,  a  fecond  time  b, 
a  bill  for  quieting  corporations,  by  which  all  enquiry 
and  profecution  againft  mayors,  aldermen,  and  other 
officers  of  towns,  and  their  official  proceedings,  were 
to  be  null  and  void,  unlefs  commenced  within  a  cer- 
tain limited  time.  This  bill  was  occafioned  by  an 
appeal  to  the  lords  in  confequence  of  violent  means 
ufed  by  Walpole  to  compel  the  eledlion  of  fome  of  his 
creatures  for  Weymouth  ^.  Andfuch  was  the  influence 
of  minifterial  power,  that  the  fentence  of  the  inferior 
court  was  confirmed,  though  fo  far  from  being  unex- 
ceptionable, that  lord  'Talbot ^  on  the  occafion,  expref- 
fedhimfelfas  follows. 

*  Let  us  enquire,  rny  lords,  how  we  (hall  dlfchargc 
the  duty  of  judges  by  confirming  the  fentence  which 
is  now  before  us ;  let  us  examine,  whether  we 
fhall  adl  as  the  guardians  of  right,  and  the  lad  refort 
of  oppreflTed  privilege,  or  whether  we  fhall  not  ap- 
pear inftruments  of  minifterial  tyranny  and  the  mean 
reporters  of  the  fentence  of  an  inferior  court,  ^"j 
confirming  this  fentence,  we  fhall  not  only  deprive 
a  magiftrate  of  his  office  which  he  holds  by  a  claim, 
which  has  been  thoughtjuft  for  more  than  a  century, 
and  in  the  exercife  of  which  it  appears  reafonable  to 

Vol.  1.  N  n  n  believe 


a  Deb.  Com.  xii.  8o. 

b  Deb.  Lords,  viii.  495.  c  Ibid.  4S2. 


458  POLITICAL  Book  V. 

believe  that  he  is  difturbed  not  for  miftehaviour,  but 
difcharging  his  trufi:  ;  but  we  ihall  entail  upon  the 
town  and  corporation  perpetual  confufion  and  diilur- 
bance,  evils  which  government  was  infiituted  to  pre- 
vent ;  we  (hall  fujecfl  them  for  ever  to  the  authority 
of  men  untryed  and  unexperienced;  and  by  confe- 
quence  to  all  the  mifchiefs  of  ignorant^  if  not  cor- 
rupt adminiftration.  This,  my  lords,  is  fufficient 
to  determine  my  judgm&nt  5  and,  I  hope,  it  will  be 
of  equal  weight  in  that  of  others.  I  {hall  not  wil- 
lingly.interpret  a  charter,  which  is  always  an  aft 
of  royal  favour,  to  the  difadvantage  of  them  to  whom 
it  was  granted  y  for  I  never  heard  of  a  charter  of 
corruption,  or  ignorance,  or  mifery;  and  iince  it 
is  more  happy  to  live  without  government,  than  to 
be  governed  ill,  1  cannot  believe  that  a  charter  like 
this,  as  it  is  now  interpreted,  was  ever  given.  I 
therefore  conclude  the  judgment  erroneous;^  and  once 
more  move  that  it  may  be  reverfed/ 

The  duke  of  Bedford  faid,  on  this  occafion% 
The  abfurdities  of  this  conftruftion'  [of  the  char- 
ter of  the  town  of  JVeymouth]  *  have  already  been 
explained  by  the  noble  lord,  and  are,  indeed,  fuch 
as  cannot  be  sggravated,  extenuated,  or  avoided. 
But  by  admitting  that  fenfe  of  the  charter  which 
has  been  for  more  than  a  century  received,  it  is 
evident,  from  experience,  the  only  fure  teft  in  fuch 
cafes,  that  no  inconveniencies  will  follow.  This 
complaint  of  the  violation  of  the  charter  did  not 
arife  from  any  fenfe  of  inconveniencies  which  it 
produced,  or  of  injuries  which  the  inhabitants  of 
that  place  imagined  themfelves  to  receive  from  ufur- 

pation 


a  Dbb»  Lords,  iriii.  498. 


Chap.  IV.         DISQUISITIONS.  459 

pation  or  tyranny  5  it  was  not  promoted  by   any  man 
who  thought  himfelf  unjuftly  debarred  from  autho- 
rity, or  by  any  body  of   men  excluded  from   their 
fharc  in  the  government  of  the  town.     The  profe- 
cution,  my  lords,  was  the  effeft  of  minifterial  re- 
fentraent ;  it  was  threatened  to  influence  the  eledion, 
and  was  executed,    not  to  humble  the  haughtincfs 
of  guilt,     but   to   cruQi   the  firmnefs  of  integrity  ; 
to  punilh  thofe    who  could  not  be  terrified,  and  to 
obtain  for  thofe    the  fatisfadion  of  revenge,    who 
had  loft  the  pleafure  of  fuccefs.     For  this  purpofe 
an  attorney,    that   was   a   ftranger  to  the    borough, 
was  employed  to  harafs  the  mayor  with  a  profecution 
defeated  at  the  affizes,  where  men  of  plain  fenle  were 
to  determine  the  caufe,  but  fuccefsful  in   the  court 
of  King's-bench,   where  law  and  fubtility  were  ad- 
mitted.    If  fuch  proceedings,  my  lords,  (hould  re- 
ceive a  fandion  from  this  great  affembly,   how  long 
can   any   corporation   hope  to   enjoy  its    privileges, 
after    having    dared  to  rejeft  the  overtures  of  the 
agents  of  a  minifter  ?     Of   what   value  will  be   the 
immunities  which   our  kings   have   beftowed    upon 
many   cities  of  this    kingdom   as   rewards   ot    their 
loyalty,    as  encouragements  to   trade,    as    rnarks  ot 
honour  and  diftinaion,  or  for  the  more  eafy  admi- 
niftration  of  government  ?    If  profecutions  hke  this 
be  allowed,  it  will  be  at  any  time  in  the  power  ot 
a  fubtle  villain  to  deprive   them  of  their  rights,   to 
difturb  the  exercife  of  lawful  authority,  to  contound 
all  fubordination,  to  fill   the  courts  of  juft.ce   with 
expenfive  fuits,    and   the  whole  with  P^^P^^'^'^^^"'^ 
terror.     Such,  my  lords,  will  be  the  injuftice  ot  con- 
firming  this  fentence,  and  fuch  the  mifenes  wmch 
thatal  of  injuftice  will  bring  upon  us  j   and  th.n:- 


46o  POLITICAL  Book  V. 

fore  I  fliall  continue  tooppofe  it ;  as  I  hope  always  to 
appear  an  advocate  for  right,  and  the  happinefs  of  my 
country/ 

Lord  Chelierfield  in  the  debate  on  the  fame  bill  for 
quieting  corporations  %  expofes,  with  great  humour, 
the  craft  of  minifters,  and  minifterial  tools,  which  is 
the  fame  with  that  of  lawyers,  and  churchmen,  when 
any  reformation  is  propofed.  '  Suppofe'  (fays  he) 
*  I  were  a  minifter,  and  was  refolved  to  overturn  the 
liberties  of  my  country,  by  getting  into  my  hands 
the  abfolute  diredion  of  our  cities  and  boroughs,  with 
regard  to  their  elcdions,  would  not  I  oppole  fuch  a 
bill  as  this  ?  I  certainly  would,  but  bad  politician  as 
I  am,  1  would  not  be  fo  very  weak  as  to  oppofe  it 
diredly.  No,  I  would  ingenuoufly  acknowledge  the 
danger  :  1  would  acknowledge  the  neceffity  of  doing 
lomething  to  prevent  it:  I  would  mourn  over  the 
dangerous  ftatc  of  public  liberty ;  but  then  *I  would 
take  great  care  to  raife  as  many  objeftions  as  I  could 
to  every  regulation  propofed  for  its  defence.  J  would 
exaggerate  every  difficulty  and  inconvenience  we  might 
be  expofed  to  by  fuch  a  regulation  ^  and  if  no  real 
dangers  of  this  kind  coold  be  fuggefted,  imaginary 
ones  would  fupply  their  place.  This,  my  lords,  has 
always  been,  and  will  always  be,  the  method  taken 
by  thofe  who  have  defigns  agamft  our  liberties,  in 
order  to  obftrud  fuch  regulations  as  might  defeat  their 
defigns.' 

Lord  Chejierfield  afterwards  obferves,  that  all  the 

lordsacknowledged  the  ufefulnefs  of  fuch  a  bill,  though 

they  leemed   unwilling  to  do  any  thing  in  it  at  pre- 

ienu     If  the  bill  was  imperfed,    it  was   natural   to 

*  commit 


a  Deb,  Lords,  viii.  526. 


Chap.  IV.     DISQUISITIONS.  46 1 

commit  it   for    improvement.     He  apprehends,  the 
houfe  may  lofe  credit  by  throwing  it  out.    Me  ihews, 
that  the  bill  would  not  lecure  any  maglftrate  of  a  cor- 
poration in  ading  contrary  to  juftice  and  the  ftanding 
laws.    That  the  worft  confequence  will  be  an  unqua- 
lified perfon's  being  chofen  a  magiftrate,  or  chofen  in 
an  irregular  manner.    But,  if  profecution  againft  him 
is  commenced  in  due  time,  the  bill  would  not  prot^6t 
him.     *  A  noble  lord,'  lays  he,    *  was  pleated  to  call 
our  corporations  the  creatures  of  the  crown.     Too 
many  of  them,  my  lords,  are  fo  :    I  am  tor  making 
them  lefsfo;  and  am  therefore   for  having  this  bill 
pafled  into  a  law ;   for   whatever  bad  conlequences  it 
may  be  attended  with,  1  am  fure  they  cannot  be  fo 
bad  as  the  confequencs  of  our  negleding  or  delaying 
to   make   any  regulation   for  guarding  againft  or  re- 
moving the  danger  to  which  we  are  at  prefent  expof- 
ed.     It  has  been  faid,  my  lords,    that   no   attempts 
have  been  lately  made  upon  the  freedom  of  our   cor- 
porations :  'Tis  true  no  fuch    violent    attempts   have 
been  lately  made  as  were  made  in  former  reigns ;  bat 
even  lately,  and  but  very  lately  too,  the  freedom  of 
our  corporations  has   been  nibbled  at,  and  that  nib- 
bling has  been  made  fo  manifeft  by  the  report  I  have 
mentioned,  that  I  am  furprifcd  to  hear  the  contrary 
afferted  by  any  lord  in  this  houfe.    I  muR  fuppoie,that 
fuch  lords  have  never  read  thatreport,  and  mull:  there- 
fore recommend  it  to  their  ferious  perufal  5  tor  they  wilf 
thence  fee  not  only  that  corporations  hive  been  pro- 
fecuted  at  the  expence  of  the  crown,  fjr  the  neglect 
of  infignificant  formalities  5  but  that  the  caafe  ot  the 
profecution's  being  brought,  was  expr^fsly  fneir  retu- 
fing   to    chufe   fuch  reprefentatives  as   the   minifter 

direded. 


462  POLITICAL  Book  V. 

direded.     Was  not  this  an  attempt  againft  the  free- 
dom  of  our  corporations  ?    My  lords,  it  was  an  at- 
tempt  not  only  againft  the  freedom   of  that  particular 
corporation,  but  of  all  our  corporations,  becaufe  the 
magiftratesof  every  corporation  in  the  kingdom  will 
from  thence  fee  the  confequence  of  their  being  difo- 
bedient  to  the  commands  of  a  minifter ;  and  the  ex- 
ample muft  neceflarily  have   moft  fatal  ejffeca,  if  we 
do  not,  by  fome  new  law,  remove  or  leffen  the  dread 
of  being  expofed  to  the  fame  confequence.    But  fup- 
pofe  we  had  no  fuch  manifeft  proof:  fuppofe  no  fuch 
terrifying  example  had  lately  been  made;  from  the 
very  nature  of  the  thing,  we  muft  be  convinced,  that 
fuch  attempts  may  be  made.     They  have  been  made 
by  all  minifters  in  time  paft.     They  will  be  made 
by  all  minifters  in  time  to  come.     It  is  natural  for  a 
minifter  to  wifli  to  have  his  friend  chofen  to  repre- 
fent  any  city  or  borough,  rather  than  one  he  fufpedts 
to  be  his  enemy.     It  is  natural  for  him  to  make  ufe 
of  every  method  he  can  fafeiy  praftife  in  favour  of 
his  friend's  elecftion.     Whilft  a  corporation,    or  the 
magiftrates  of  a  corporation,  are  under  apprehenfions 
of  being  profecuted,    it  is  natural    for   them  to  be 
fv^ayed  by  thofc  fears.     There  is  no  way  of  prevent- 
mg  this  pradice,  but  by  freeing  a  corporation  from 
any  fuch  apprehenfions :  and  as  this  will,  in  a  great 
meaiure,  be  the  effed:  of  the  bill  now  before  us,  after 
It  has  been  properly   amended  in  the   committee,  I 
hope  your  lord/hips  will  agree  to  the  queftion.* 

The  earl  of  IJ/ay,  always  faithful  to  the  minifte- 
rial  caufe,  laid  great  ftrefs  on  the  incroachment,  the 
bill  would  make  upon  the  king's,  that  is,  the  mini- 
iter's  royal   prerogative  5    but  he  takes,  according  to 

his 


Chap.  IV.        DISQUISITIONS.  463 

his  laudable  cuftom,  particular  care  to  fhew,  that  the 
fubjcdl's  liberty  was  in  no  danger,  and  to  turn  all 
regard  to  it  into  ridicule.  *  As  the  neceffity  of  our 
having  feme  fuch  bill  pafled  into  a  law,  has  been 
very  much  cryed  up  in  this  debate  ;  as  this  necef- 
fity has  been  faid  to  have  been  acknowledged  by 
every  lord  who  has  fpoke  in  the  debate,  1  muft 
take  this  opportunity  to  declare,  that  I  am  very 
far  from  being  convinced  of  our  being  under  any 
fuch  necefGty.  I  do  not  think  the  crown  has  as 
yet  fuch  an  influence  over  our  cities  and  boroughs 
as  can  be  of  any  dangerous  confequence,  nor  do  I 
think  a  minifter  can  with  any  fafety  endeavour  to 
acquire  fuch  an  influence.  A  minifter  may  have  a 
perfonal,  or  a  family  intereft  in  two  or  three 
boroughs ;  he  cannot  by  himfelf  alone  reprefent  them 
all ;  and  to  the  borough  where  he  does  not  ftand 
himfelf,  it  is  very  natural  for  him  to  recommend  a 
friend.  That  friend  may,  perhaps,  be  a  gentle- 
man never  before  known  in  the  borough  ;  but  this 
is  not  peculiar  to  minifters  :  for  we  often  find  fuch 
gentlemen  chofen  by  boroughs  upon  the  recommen- 
dation of  thofe  who  are  known  to  be  violent  enemies 
to  the-  minifter.  I,  therefore,  do  not  well  know 
what  is  meant  by  court  boroughs.  All  boroughs 
are  fo,  I  believe,  and  all  cities  and  counties,  as 
well  as  boroughs.  The  only  difference  is,  that  fome 
boroughs  have  their  friends  in  court,  and  others 
want  to  have  their  friends  in  court.  This,  my 
lords,  has  always  been  the  chief  ground  of  the  dis- 
pute ;  and  moft  people  are  apt  to  think,  or  at  leaft 
to  fay,  the  country  is  in  danger  when  their  friends 
happen  to  be  out  of  court.  The  cry  of  the  church 
being  in  danger,   was  formerly  made   the  fame  ufe 

ofs 


464  POLITICAL  Book  V. 

cf ;  and  when  I  was  young,  and  attended   this  houfe 
behind  the  throne,     I    remember  to   have  heard   it 
obierved,  as  1  thought  very  juftly,   by  the  anceftor  of 
a  noble  lord  I  have  in  my  eye,  that  the  only  reafon 
he  could  think  of  for  faying  that  the  church  was  in 
danger,  was,  becaufe  the  earl  of  Rochejier  was  out  of 
court.     If  a  borough  therefore  chufes  a  courtier,  it  is 
not  becaufe  it  is  more  a  court  borough  than  any  other 
borough,  but  becaufe  its  friends  happen  at  that  time 
to  be  in    court;  in  like  manner,  when   a   borough 
chufes  fuch  as  are  againft  the  court,  it  is  not  becaufe 
it   is  more  a  country   borough  than  any   other,  but 
becaufe  its   friends  happen  then  to  be   out  of  court  3 
and  the  choice  made  by  the  former  may  as  little  pro- 
c^eed  from   any  undue  influence,  as  the  choice  made 
by   the  latter.     But   every   borough    that   chufes    a 
courtier,  or  a  friend  to  the   minifter,  muft,  it  feems, 
be  a  creature  of  the  crown  in  the  fenfe  put  upon  the 
words  by  the  noble  lord  who  Ipoke  laft,  in  which,  I 
muft   fay  he  made  a  very  bad  ufe,  to  call    it   by  no 
worfe  name,  of   an   exprefTion  dropt  from  a  noble 
lord    in   this  debate.     The   noble  lord   happened  to 
fay  that  all    corporations  were   the  creatures  of  the 
crown,  and  when  he  made  ufe  of  the  expreffion,  I 
believe  every  one  of  your  lordfhips  underftood  what 
he  meant.     He  certamlv   meant  no  marc  than  that 
all  corporations  weie  created  by  the  crown,  which  is 
true  5  but  the  noble  lord   who   fpoke  laft,  gave   it  a 
turn  as  if  he  had  meant  that  all  corporations  are  the 
Haves  of  the  crown,  and   ready   to  receive  diredions 
from  the  minifters    of  the  crown,  which  is   as  far 
from  being  true  as  it  is  far  from  being  what  he  meant; 
for  with  regard  to  the  eledion  of  their   reprefenta- 
tives,  I  know  of  no  way    by  which  a  minifter  can 

compel 


Chap.  IV.        D  I S  QJJ  I  S  I T  1 0  N  S.  46 5 

compel  any  one  of  them  to  chufe  the  candidates  he 
recommends.  I  am  fure  that  of  threatening  a  bo- 
rough with  a  quo  warranto,  would  be  very  far  from  be- 
ing efFedtual,  and  it  would  be  very  dangerous  for  any 
minifter  to  make  ufe  of  iuch  a  method  j  conlequently 
I  cannot  as  yet  fee  the  neceflity  of  our  paffingany  fuch 
bill  as  the  prefent  j  and  if  I  did,  1  (hould  be  for  drop- 
this  bill,  which  I  think  cannot  be  fo  amended  as  to 
be  of  any  ufe,  in  order  to  have  a  bill  brought  in  that 
might  be  of  fome  fervice  ^/ 

It  was  afterwards  ordered,  that  a  new  bill  (hould 
be  drawn  up.  Lord  Romney  i^tpoxi^^  the  heads  of  it, 
viz,  *  That  a  reafonable  period  of  time  be  fixed,  after 
the  expiration  of  which  the  rights,  franchifes,  and 
liberties  of  any  city,  corporation,  or  borough,  in 
England  or  Wales,  or  of  any  members  of  any  (uch 
city,  corporation,  &c.  or  Of  any  perfon  exercifing 
any  fuch  office  or  franchife,  fliail  not  be  called  in 
queftion  by  informations  in  nature  oi  quo  warranto, 
writs  of  mandamus,  or  other  proceedings  for  any  in- 
formalixy,  irregularity,  or  defed:  in  the  nomination^ 
election,  admiffion,  or  fwcaring  of  the  mayor,  bai- 
liffs, or  freemen,  or  of  any  other  officer,  or  member 
(by  what  nam.e  foever  called)  of  any  fuch  city,  cor- 
poration, &c.  who  rwDw  are,  or  at  any  time  here- 
after, {hall  be  in  the  adlual  pcffeffion  or  exercife  of 
any  fuch  office  or  franchife,  nor  of  any  forfeiture  or 
difability  arifing  from  fuch  informality,  irregularity 
or  defedl,  unlefs  fuch  intormaiity,  irregularity,  or 
defedl,  or  fuch  forfeiture,  or  d liability  (hail  oe  taken 
advantage  gf  by  fome  profecution  commenced  for 
that  purpofe,  within  a  certain  time  after  the  com- 
mencement of  the  bill.     And  as  to  any  fuch  officer 

Vol.  I.  O  o  o  or 

a  Deb.  Com.  i  i.  359. 


466  POLITICAL  Eook  V. 

or  member,  as  hereafter,  within  a  certain  number 
of  years  to  be  limited  in  the  bill,  (hail  have  been  ad- 
n}itted  into  or  Ihall  have  been  in  the  adual  poffeffion 
or  exercife  of  any  iuch  office  or  franchife  as  aforelaidi 
every  fuch  profecution  to  be  carried  on  with  effecft 
and  due  diligence  5  and  in  cafe  of  affeded  or  unnecef- 
fary  delay  on  the  pai t  of  the  profecutor,  to  be  dif- 
mifled  with  full  cofts.  Such  bill  to  contain  proper 
provifors  to  prevent  its  invalidating  any  judgment  al- 
ready given,  or  any  charter  already  granted  and  ac- 
ccpt-ed,  or  any  fuit  already  inflitutcd  and  flill  de- 
pending ^/ 

Lord  Romney  (hewed  the  ufefulnefs  of  fuch  a  bill 
for  defeating  the  efforts  of  minifterial  power.  That 
members  of  corporations  are  commonly  men  of  plain 
underftandings,  not  qualified  to  fearch  into  the  mean- 
ing of  old  charters;  but  willing  to  follow  precedent;^ 
and  therefore  their  eafes  are  more  pitiable  than  blame- 
able,  V.  hen  they  happen  to  proceed  in  fuch  a  manner 
as  renders  them  obnoxious  to  the  letter  of  the  lavv. 
That  the  charters  themfelves  are  often,  through  length 
of  time,  and  change  of  circumftances,  become  unfit 
to  be  obferved.  That  the  meaning  of  corporation- 
charters  may  not  ahvays  be  clear  atid  confident. 
That  it  is  difficult  and  expenfive  to  follcit  new 
charters ;  and  minifters  are  not  inclinable  to  favour 
them,  becaufe,  like  the  lawyers,  they  find  their  ad- 
vantage in  the  fubjecft's  uncertainty.  That  it  is  a 
ticklifh  affair  for  a  corporation  to  refign  its  charter, 
when  it  is  unknown  what  fort  of  one  it  flial!  have  in 
exchange.  "iThat  therefore  it  is  natural  for  the  mem- 
bers of  corporations  to  modify  their  proceedings  ac- 
cording to  what  they  find  by  experience  to  be  beft, 

though 

a  Deb.  Lords,  viii.  535. 


Chap.  IV.         DISQUISITIONS.  467 

though  in  fo  doing  they  may  often  gradually  deviate 
from  the  letter  of  their  charter.  That  it  will  be  no 
more  than  a  reafonable  indulgence  to  the  fubjedts  in 
a  matter,  in  which  the  hazard  is  theirs,  and  not  the 
government's,  to  fix  a  time,  after  which  cuftom  and 
precedent  in  corporations    fhail'  pafa   into  edablifli- 

ment. 

One  would  imagine,  this  was  no  fuch  mighty 
matter  of  grace  to  confer  on  the  good  people.  But 
the  minifterial  tools  have  no  inclination  to  give  up 
any  degree  of  power.  Therefore  lord  Cholmondeley,  a 
faithful  friend  to  court^power,  oppofed  the  bill.  The 
houfes  agreeing  to  it,  he  faid,  would  be  ailing  in  the 
dark,  confirming  pradices,  which  they  did  not  un- 
derftand,  and  fupporting  migiftrates,  who  obtained, 
and  executed  their  offices,  they  knew  not  how,  &c. 
PA  ftaunch  minifterial  man  is  never  for  leaving  any 
thing  to  the  people  ^  even  their  own  a3ai:s.  He  v/ill 
have  them  always  feel,  that  they  have  a  government. 
that  is,  a  tyranny,  over  them.]  *  1  am  not  much  in- 
clined, fays  he,  to  beueve,  when  1  fee  the  law 
broken,  that  the  law  is  to  be  blamed/  [f  am  forry 
to  difFer  from  his  lordfliip  ;  but  I  fhould  be  very  apt 
to  fufped:  the  wifdom  of  a  law,  if  I  faw  it  often 
broken  hy  fober  and  regular  people,  fuch  as  the  mem- 
bers of  corporations  commonly  are.]  Lord  Romney 
faid,  the  quieting  bill  would  be  an  cncouragem.-nt  to 
tranfgreffors.  It  would  be  confirming  to  the  thief 
the  poffeffion  of  the  goods  he  had  flolen.  [But  it  is 
remarkable,  that  his  good  lordfliip  ihould  not  recoi- 
led, that  by  the  law,  as  it  mm)  ftands,  there  is  a  It- 
mitediimQ,  which  being  elapfed,  many  offences,  more 
atrocious   than  violating  a  borough-charter,  are  not 

to  be  profecuted,  or  punifhed.] 

And 


468  POLITICAL  Book  V. 

And  the  good  lord  chancellor  Hardwicke  (always 
true  to   the  miniftry)   was  afraid,    the  quieting  biil 
might  "  produce  more  and  greater  evils,  than  thofe 
it  was  intended  to  cure."     Whether  it  was  a  greater 
evil  for  corporations  to  be  fecure  againft  minifterial 
moleftation,  than  their  being  from  time  to  time  un- 
der profecution,  and  by  that  means  obliged  to  bring 
fome  griA  to  the  law-miil,  I  leave  to   the  reader  to 
decide.     In    general,    we  know,    that  lawyers  and 
churchmen  arc  always  againft  reformations.  His  good 
lordihip  *'  muft  fuppofc,  that  the  diftemper  intended 
to  be  cured,  or  rather  prevented,  by  the  bill,  was  as 
yet  imaginary  ^."     Good  men  always  believe  the  beft. 
Theretore  his  good  lordfhip  believed  Walpole  as  inno- 
cent of  molefting  corporations,  as  of  patriotifm,  or 
public  Ipirit.     But  his  good  chancellorfliip  feemed  in 
the  leqael    of  his  Ipeech,  a  little  to  forget  his  lavv- 
learning,    through   zeal  againft  the  bill.     *  If,  fays 
he,  you  limit  the  preicription  to  a  very  Jhort  time,  it 
will  i>e  of  the  moft  dangerous  confequence;    and   if 
y  ^a  fix  it  at  a  njery  long  term,  the  bill  could  have  lit- 
tle or  no  eff  dt.'     But   what    if  we   fix   it  at  a  term 
neiiher  very  long,    nor  very  Jhort  ?    Befides,  if  his 
lorcfhip'b  reaiomngs  be  good,    the  laws,    by  which 
(as  above  ob(crved)  a  term  is  fixed,  after  which  pro- 
fecutions  tor  greater  offences,  than  making  free  with 
a  fet  of   blind   old  charters  granted  by  the  tyrannical 
StuartSy  are  let  afide  ^    are  al/  bad^  and  his   lordfhip 
ought  to  have  moved  for  their  repeal.     But  your  true 
minilteria]  men,    like  your  true  churchmen,    never 
care  how  inconfiftent  they  be  with  themjelves,  or  with 
the  principles  of  com?non  fenfe ;  fo  they  be  orthodox, 

that 


a  Deb,  Lords,  viii.  512, 


Chap.  IV.     DISQUISITIONS.  469 

that  is  upon  the  right  fide,    that  is  upon  the  fide  of 
power.     He  afterwards  brings  the  execrable  maxim, 
nullum  tempus  occurrit  regi,  now  abolilhed,  in  lupport 
of  his  dodtrinc,  and   argues,  that   as  no   period  Hops 
the  king  s  claim,  fo  no   period   ought  to   tie  up  the 
minifter's   hands  from  molefting  corporations,  who 
eledt  anti-minifterial  members  a.     Then  he  comes  to 
an  important  argument  indeed.     The  bill  «  might  be 
faid  to  be  a  fort  of  encroachment   upon  the   preroga- 
tives of  the  crown/     Hinc  ill<^  lacrymce  I  The  prero- 
gatives of  the  crown  are   the   miniftry's    Palladium -y 
and  are  of  infinitely  more  confequence  (to  them)  than 
the  quiet  of  ten  thoufand   corporations.     On    this   he 
argues  in  fuch  a  manner,  that  one  would  really  think, 
he  had  forgot,  that  the  Britijh  government  was  a 
limited  monarchy.     '  As  the  king  (fays  he)  has  the 
fole  right  of  eftablifliing  corporations,   he  likewife  ha^ 
a  right  to  take  care,    that  the  corporation,  as  well  as 
every  officer  and  magifirate  who  belongs  to  it,  fliall 
obferve  the  rules  he  has   been  pleafed  to  prescribe  to 
them  in  their  charter ;  and  to  limit  his  power  of  pro- 
fecuting   for  any   ncgled,    or    non-obfervance,    to  a 
very  ihort  term,  is  an  encroachment  upon  his  right: 
Have  our  limited   kings  any   right  uncontroulable  by 
parliament  to  eftabliOi,    or  prefcribe  ?    His  lordfliip 
{hines  afterwards  more  and   more.      *  1  muft  farther 
obferve,  my  lords,  that  this  bill  is  really  a  fort  of  re- 
peal  of  thofe  laws,  which  have  always   been  deemed 
xhtfecurity  of  our  church  as  by  law  ellabliflied.  When 
I  fay  this,  every  lord  mud  fuppofe  I  mean  the  corpo- 
ration and  tell  atls  ;  for  if  this  bill  be  paiTed  into  a  law 
the  mod  rigid  dijfenter  might  get  himfelf  chofen  an 

alderman 


a  Deb.  Lords,  viu.  512, 


470  POLITICAL  Book  V. 

alderman  of  hoJidoriy  or  a  magiftrate  o*^  fome  other  city 
or  borough,  without  taking  the  oaths,  or  conform- 
ing to  what  is  required  by  law  for  the  purity  of  our 
church  ;  and  if  he  efcapes  being  profecuted  during 
the  time  to  be  Hmited  by  this  bill,  he  might  continue 
in  that  magiftracy  during  life,  without  ever  conform- 
ing himfelf  to  the  eftablifhed  church,  for  the  adt 
does  not  requite  his  conforming  after  he  is  elefted  j 
and  after  the  expiration  of  that  time  his  eledion 
could  not  be  declared  void  on  account  of  his  not  hav- 
ing conformed  within  the  year  preceding  his  ele<ftion  ; 
fo  that  if  this  bill  was  pafled  into  a  law,  all  the  ma- 
giftrates  in  our  cities  or  boroughs,  who  are  chofen 
for  life,  might  be  fuch  as  openly  frequented  conven^^ 
ticks  ;  for  if  they  did  not  go  there  in  their  habits  and 
enfigns  of  magiftracy,  they  could  neither  be  removed 
HOT pnni/Jjed  for  the  affront  put  upon  the  eftabhihed 
church  J 

What  a  noble  fpirit  of  liberty,  how  worthy  of  a 
lord  chancellor  of  this  great  and  free  nation,  and 
how  fuitable  to  the  light  and  knowledge  prevalent  in 
this  age,  docs  this  part  of  his  lordfliip's  fpeech  ex- 
hibit !  *  Our  church  as  by  law  eftabliilied  I'  Aye— 
Our  church  !- — our  monopoly  of  fat  livings,  from 
which  we  have  by  law  eftablifhed,  that  all  men 
fiiall  be  excluded^  who  will  not  declare  affent  and  con- 
fent  to  the  clear  zndi  felf-co?2jiJient  articles  and  creeds, 
and  to  the  pajfkie -^obedience  homilies!  And  the  '  teft 
and  corporation  ads !  Aye — Thofe  glorious  ads, 
which  breathe  fuch  a  fpirit  of  liberty  ! 

*  If  this  bill  be  paffed  into  a  law,  the  mofl:  rigid 
difienter — 

O  horrible  !  O  horrible  !    moft  horrible  ! 

Shakefp. 
the 


Chap.  IV.       DISQUISITIONS.  47 1 

the  mod  rigid  diffenter — 

Monjlnm  horrendum  ingens,  avidurriy  orco,  Hecate, 

[^atque  Erebo  ortum  ! 

the  moft  rigid  diffenter— that  tremendous  being — in 
comparifon  with  whom,  old  Satan  is  a  good  fort  of  a 
gentleman — who  is  fo  ineffably  wicked,  that  he  will 
not  fay  his  prayers  with  a  book  in  his  hand,  and  will 
difclaim  the  authority  of  me?t  over  Chriji's  religion 
t — might  get  himfelf — horrefco  rejerem  ! — chofen  an 
alderman  of  Loitdon !  And  what  greater  misfortune 
than  that,  can  the  human  mind  frame  the  idea  of, 
unlefs  a  comet  were  to  come  from  the  moft  diftant 
regions  of  fpace, — andfet  the  chancellor's  full-bottom- 
ed wig  on  fire. 

Lord  Saitdwich  then  went  on  to  fliew  %  That  the 
worft  effed  of  the  bill  would  be,  to  oblige  thofe  who 
had  a  mind  to  profecute  for  irregularities  in  corpora- 
tions, to  do  it  within  a  reafonable  time,  when  proofs 
and  defences  could  be  brought.  But  this  did  not 
anfwer  the  views  of  miniftcrs  -,  their  point  is,  to  keep 
a  rod  over  the  people  2>  head  at  all  times.  Lord  5^»^/- 
w/V^afterwards^putsthehoufeinmind  of  what  curious 
Walpolian  proceedings  had  been  deteded  by  the  fecret 
committee  relating  to  this  very  corporation,  on  a  mere 
mifinterpretation  of  their  charter,  or  rather  a  different 
interpretation  of  it  from  the  fenfc  put  upon  it  by  the 
judges,  which  fenfe  had  not  been  found  in  it  by  the 
perfons  who  firft  obtained  it,  nor  by  their  fucceffors, 
for  I  QO  years. 


a  Deb.  Lords,    viu.  S^©-     '  b  Ibid.  521. 


472  POLITICAL  Book  V. 

A.  D.  1764,  it  was  refolved  by  the  houfe  of  com- 
mons, and  agreed  to  by  the  houfe  of  lords,  '  That 
privilege  of  parliament  does  not  extend  to  the  cafe  of 
tvriting  and  publifliing  feditious  libels,  nor  ought 
to  obftrud  the  ordinary  courfe  of  the  laws  in  the 
fpeedy  and  eftedual  profecu.tion  of  fo  heinous  and 
dangerous  an  offence/  Seventeen  peers,  among 
which  number  was  (mirabile  di6lu! )  one  biftiop,  pro- 
tefled,  becaufe  the  dodtrinc  was  new,  unwarrant- 
able, and  unknown  to  the  mod  tyrannical  times  ^ 
the  eftabliflied  cuftom  being,  that  privilege  of  parlia- 
ment takes  place  in  all  cafes,  but  treafon,  felony, 
breach  of  the  peace,  or  refufing  to  obey  a  writ  of 
Habeas  Corpus ;  wher-eas  the  writing  or  pubiifhing  of 
what  may  be  called  (for  any  thing  may  be  fo  called) 
a  feditious  libel,  is  neither  treafon,  felony,  breach 
of  peace,  nor  difobedience  to  Habeas  Corpus,  The 
protefting  peers  alledged,  that  the  refoiution  was 
facfificing  the  freedom  of  parliament  to  minifterial 
power.  That  the  refoiution  not  only  infringed  the 
privilege  of  parliament  but  tended  to  the  reftraint  of 
every  man's  perfonal  liberty  feeing  it  afBrms,  that 
all  men  may  be  bound  to  the  peace  for  writing  what 
may  be  called  a  feditious  libel,  by  which  every  man's 
liberty  is  furrcndered  into  the  hands  of  a  fecretary 
of  flate,  who  is  hereby  impowered  to  pronounce  any 
writing  a  feditious  libel,  and  to  imprifon  any  perfon 
on  this  account,  without  council,  evidence,  or  jury, 
while  the  perfon  opprefTed  by  power  has  no  redrefs 
againft  the  fecretary  of  flate,  as  he  ads  in  the  capacity 
of  a  judge.  The  protefting  lords  conclude  with  the 
following  remarkable  words  ^  *  Privilege  was  not  made 
to  fkreen  criminals,  but  to  preferve  the  very  being 
and  life  of  parliament  5  for   when  our  anceflo/s  con- 

fidered 


Chap.  IV.        DISQUISITIONS.  473 

fidered  that  the  law  had  lodged  the  great  powers  of 
arreft,  indidment,  and  information  in  the  crown, 
they  faw  the  parliament  would  be  undone,  if  during 
the  time  of  privilege  the  royal  procefs  fliould  be 
admitted  in  any  mifdemeanour  whatfoever,  therefore 
they  excepted  none.  Where  the  abufe  of  power 
would  be  fatal,  the  power  ought  never  to  be  given, 
becaufe  redrefs  comes  too  late.  A  parliament  under 
perpetual  terror  of  imprifonment  can  neither  be 
free,  nor  bold,  nor  honeft  ;  and  if  this  privilege  was 
once  removed,  the  mod  important  queftion  might  be 
irrecoverably  loil,  or  carried  by  a  fudden  irruption 
of  meflengers  let  loofe  againll:  the  members  half  an 
hour  before  the  debate.  Laftly,  as  it  has  already 
been  obferved,  the  cafe  of  fuppofed  libels  is,  above 
all  others,  the  mod  dangerous  and  alarming  to  be 
left  open  to  profecution  during  the  time  of  privilege. 
If  the  feverity  of  the  law  touching  libels,  as  it  hath 
fometimes  been  laid  down,  be  duly  weighed,  it  muft 
flrike  both  houfes  of  parliament  with  terror  and 
difmay.  The  repetition  of  a  libel,  the  delivery  of 
it  unread  to  another,  is  faid  to  be  a  publication, 
nay,  the  bare  poffeflion  of  it  has  been  deemed  cri- 
minal, unlcfs  it  is  immediately  dedroyed  or  carried 
to  a  magidrate.  Every  lord  of  parliament  then, 
who  hath  done  this,  who  is  falfely  accufed,  nay, 
who  is,  though  without  any  information,  named  in 
the  fecretary  of  date's  warrant,  has  iod  his  privi- 
lege by  this  refolution,  and  lies  at  the  mercy  of  that 
enemy  to  learning  and  liberty,  the  meflenger  of  the 
prefs.  For  thefe  and  many  other  forcible  reafons, 
we  hold  it  highly  unbecoming  the  dignity,  gravity, 
and  wifdom  ot  the  houfe  of  peers,  as  well  as  their 
judice,  thus  judicially  to  explain  away  and  dimi- 
VoL.  1.  P  p  p  nifl^ 


474  POLITICAL  Book  V 

nifh  the  privilege  of  their  perfons,  founded  in-  the 
wifdom  of  ages,  declared  with  precifion  in  our  ftand- 
ing  orders,  lo  repeatedly  confirmed  and  hitherto 
preferved  inviolable  by  the  fpirit  of  our  anceftors, 
called  to  it  only  by  the  other  houfe  On  a  particular 
occafion,  and  to  ferve  a  particular  purpofe,  ex  poft 
faBoi  ex  parte,  H  peiidente  lite,  in  the  courts  below  \' 

The  brave  parliament,  in  which  fate  the  Hampdens 
and  the  PymSy  would  not  allow  this  in  thi  cafe  of 
the  5  members  5  though  the  tyrant  diredly  accufed 
them  of  high  treafon,  which  cannot  by  law  plead 
privilege.  Such  is  the  difference  betv^xen  an  inde- 
pendent parliament  and  one  ridden  by  a  miniflry. 

But,  mem.  It  was  refolved  in  the  houfe  of  com- 
mons, A.  D.  ly 66,  *  That  feizing  the  papers  of  the 
author,  or  fuppofed  author,  printer,  or  publifher  of 
a  libel  is  illegal,  and  the  feizing  the  papers  of  a 
member  of  parliament  on  fu<:h  pretence  is  likewife 
a  breach  of  privilege  ^Z  And  afterwards  a  bill  was 
ordered  in  for  reftraining  the  iffuing  of  warrants  for 
feizing  papers,  except  in  the  cafes  of  treafon  or  felony, 
under  certain  regulations.  The  title  of  the  bill  was 
afterwards  altered.  It  mifcarried  in  the  houfe  of 
lords  c. 

The  civil  lift  was  faid  to  be  in  debt  A,  D»  1768, 
500,000/,  AmelTage  was  fen t  from  the  king  (i.  e. 
the  miniflry)  fo  the  houfe  of  commons,  defiring  that 
they  woaid  make  provifion  accordingly.  It  was  urged 
in  favour  of  the  demand,  that  th&  king  had  given  up 
to  the  nation  his  fhare  of  the  captures  in  the  late  war 
amounting  to  700,000  /.  The  debates  ran  high ; 
but  the  demand  wa^  granted  ^, 

The 


a  y^/v;.  Deb.  Com.  A.  D.   1764.  bibid.  vii.   183. 

c  Jbid-   185,  d  LoND.  Mac,   1769,  p.  656. 


Chap.  IV.        DISQUISITIONS.  475 

The  flavifli   complaifance  of  parliament  to  mini- 
flerswas  confefled  in  the  year  1769,  when  the  mini- 
ftry  fent  over  to  the  American  governors  a  pofuive  pro- 
mife,  that,  on  certain  conditions,  the  odious  taxing 
ads  fhould  be  repealed  a.     Such    was  the    (liamelers 
fervility  of  the  houfe  at  that  time,   that  when    it  was 
moved  by  the  oppofition  to  refolve,    That  diforders 
had  prevailed  in  feveral  of  the  colonies   prejudicial  to 
the  commerce  of  the  kingdom,    and  to  the  peace  of 
the  colonies;  That  a  principal  caufe  of  th^fe  difor- 
ders was  the  ill-judged  and  inconfiftent  inftrudUons 
given  by  perfons  in  adminiftration   to   the  governors 
of  fome  of  the  provinces  in  North   America-,  That 
direding   the  diffolution  of  the  aiTemblies  of  North 
America^  upon  their  refufal  to  comply   with  certain 
propofais  of  government,  operated  as  a  menace  inju- 
rious to  the  deliberative  capacity  of  thofc  ailcmblies, 
and  tending  to  excite  difcontent,  and  produce  unjuf- 
tifiable  combinations ;  That  it  was  inconfiiient,  and 
tended  to  expofe  his  majefty's  councils  to  the  contempt 
of  the  colonifts,  to  diffolve  the  old  aflemblies  for  not 
difavowing  certain  combinations,  at  the  fame  time,  that 
newaflemblies  wereluffcredtofit,  wilhcutdifavowingor 
difcountenancing  the  fame  combinations ;  That  it  was 
unwarrantable,  of  dangerous  confequence,  and  a  high 
breach  of  the  privilege  of  the  houfe  of  commons,   for 
any  perfon  in  adminiftration  io  p rem ife  to  the   affeni- 
blies  in  North  America^  the  interpofition  or  infiiience 
of  the  king  or  his  fervants  with  the  houfe,  in  order  to 
a  repeal  of  taxation-ads,  or  to  pledge  the  faith  of  the 
crown  to  thofe  aiTemblies,  &:c.  when  thele  refoluti- 
ons  were  moved  by  the  oppofition,  1  fay,  fuch  was  the 

com- 


a  See  Aim.  Deb.  Com.  vi  i  i.  341  •  et pajf. 


476  POLITICAL  Book  V. 

complaifance  of  the  houfe  for  the  miniftry,  whofe 
condudl  they  would  not  fufFer  to  be  blamed,  that 
every  one  of  them  was  reje(fled ;  th^  ugh  there  was 
not,  probably,  a  man,  woman,  or  child,  in  Britain 
who  had  the  leaft  doubt  of  their  truth  and  juftncis^ 

Again  in  the  year  177 1,  the  houfe  of  commons, 
in  a  fit  of  complaifance  for  the  court   (if  that  can   be 
called  ajf/,  from  which  the   patient  is  never    clear) 
voted,  that  a  member   concerned   in   a  libel   fhould 
have  no  right  to   his   privilege,    thereby  putting  the 
guilt  of  a  juft  fatire  on  a  corriipt  court  upon  the  fame 
foot  with  that  of  felony,  or  breach  of  the  peace,  the 
only  crimes,  which  before  that  time  deprived  a  mem- 
ber  of  his    privilege.      By    this   refolution,    it    was 
obferved,  *  That  any  member  fuppofed  to  have  been 
concerned  in   compofing,  printing,    or  publifhing  a 
fuppofed   libel   might,  by  a  mandate  from  court,  be 
dragged   from  his  feat  ^.     And,  according  to  a  doc- 
trine faid  to  have    been   taught  by  certain  judges  of 
late,  the  guilt  and  puni&ment  of  this  fuppofed  libel, 
were  not  to  come  before  the  jury.     They  were  only 
to  find,  whether  the  accufed  had  any  concern  in  the  . 
fuppofed  libel,  and  the  judges  were  to  pafs  fentcnce. 
The  members,  who  promoted  this  refolution,  ought 
to  have  been  more  lure  of  the   integrity  of  judges, 
than  is  poflible,    in   the    prefent  weaknefs  of  human 
nature.     Thefe  were  attacks  upon  the  vQxy  foundation 
of  liberty. 

The  obfequioufnefs  of  parliament  to  tho  court,  ia 
the  courfe  of  a  few  years,  was  fhamefully  grofs.  The 
nation  tired  out  with  raifing  money  to  be  funk  in 

German 


a  Aim.  Deb.  Com.  viii.  341, 
b  LoNP   Mag.  Nq'v,  p.  536. 


Chap.  IV.     D  I  S  QJJ  I  S  I  T I  O  N  S.  477 

German  wars  for  the  defence  of  Hanover^  forced  Mr. 
PiUy  the  great  oppofer  of  continental  connexions,  in- 
to power,  in  fpite  of  Geo,  II.  who  was  thought  to  at- 
tend more  to  the  intereft  of  his  pitiful  electorate,  than 
to  that  of  the  Britiflo  empire.  Then  the  commons 
were  for  holding  the  purfe- firings  tight.  The  king 
found  means  to  bring  over  Mr.  Vitt  to  favour  his  con- 
tinental fcheme.  Then  the  commons  railed  almoft 
Zo  millions  per  aizn,  to  fend  to  Germany,  Geo,  III. 
not  being  fo  attached  to  Germany  as  his  grandfather, 
was  defirous  of  reftoring  peace,  and  flopping  the  life- 
blood-vein  of  the  nation,  before  it  fhould  bleed  to 
death.  Then  the  commons  were  as  obfequious  to 
lord  Bute's  pacific  meafures,  as  they  were  before  to 
Mr.  Pitt's  military  quixotifm.  Grenville  thought 
proper  to  lay  the  ftamp-tax  on  owx  American  QoXomts, 
The  worthy  commons  voted  it  accordingly.  Gren-^ 
villes  fucceffor  in  power  thought  proper  to  repeal  the 
American  ftamp-atft.  The  dudile  commons  repealed 
it.  Their  followers  thought  it  neccfl^ry  to  lay  taxes 
of  other  kinds  upon  the  colonics.  Th;^  oblcquious 
commons  were  fUU  occafional  conformiils. 

Every  fpeech  from  the  throne,  I  mean,  the  mini- 
fter*s  throne,  at  the  end  of  every  feffion,  is  filled  with 
the  king's  entire  approbation  of  ^7// the  proceedings  of 
the  feflions^  whilft,  if  you  Icok  into  the  debates  and 
protefts,  you  fee  fuch  (hameiul  fervility  to  the  mini- 
ftry,  as  it  is  impoflible  for  any  honeft  man  to  approve, 
fay  rather,  to  avoid  execrating.  And  e-very  eccho  of 
every  king's  fpeech  from  the  houfes  celebrates  every 
ftep  of  his  adminiftration  to  the  fkles.  Look  into  the 
hiftory  of  every  reign,  and  you  fee  innumerable  ne- 
gleds  and  blunders  (to  fay  nothing  of  corrupt  abufes) 
com.mitted  by  every  fucceeding  adminiftration.    Thus 

do 


478  POLITICAL  Book  V. 

do  our  fuperiors  endeavour  to  perfuade  us,  by  their 
words,  that  they  are  gods,  while  their  adions  fhew 
them  to  be  generally  very  filly,  and  very  worthlefs 
mortals. 

In  the  year  1770,  there  were  as  many  compli- 
ments bandied  between  the  court,  and  parliament,  as 
ever.  Yet  at  that  time,  almoft  every  part  of  the 
Britijh  empire  was  known  to  be  diffatisfied  ;  the  peo- 
ple of  England  enraged  againft  their  reprefentatives, 
and  petitioning  the  king  for  a  new  parliament  3  the 
people  of  Ireland  offended  on  account  of  the  proroga- 
tion of  their  parliament,  beca'ufe  they  would  fupport 
the  conftitutional  manner  of  taxation,  and  the  colo- 
nifls  provoked  by  our  legiflature's  taxing  them  as  a 
teft  of  their  obedience. 

Ixi  that  fame  year,    Sir  George  Savile,    no  party- 
brawler,  faid  in  the  houfe  of  commons,  *  This  houfe 
bath  betrayed  the  rights  of  the   people/     Sir  Jl/ex. 
Gilmour  called  him   to  order.      General  Conway  faid 
the  words  were  reprehenfible.     That  it  was  infulting 
parliament,  and  that  members  had  been  fent  to  the 
Tovi^er  for  fuch  words,  but  as  he  believed  they  were 
fpcken  in  anger^    he  only  {hould  wifli  that  for  the 
future  the  gentleman  would  be  more  cautious.     Sir 
George  Savile  replied,  he  had  not  fpoke  in  anger  5  that 
he  never  ufed  any  other  words,  when    he  mentioned 
the  proceedings  of  the  houfe  upon  the  Middlefex  elec- 
tion J  and  that  he  would  always  ufe  the  fame  words, 
whenever  the   fame  queftion  was  in  agitation.     Mr. 
ferj.  Glynn  defended  the  words.     He  cbferved,  that 
they  were  the  only  words  in  our  language  proper  to 
exprefs  the  idea   of  the  thing ;    that  if  Ipoken  of  a 
thing  that  did  not  exift,  no  one  would  be  more  ready 
to   vindicate  the  honour  of  parliament,  in  calling  to 

account 


Chap.  IV.        DISQUISITIONS.  479 

account  the  member  who  fpoke  them  ;  but  if  they 
were  founded  on  truth,  it  could  not  be  the  votes  of  a 
majority  which  could  make  them  culpable.     He  then 
obferved  a  good  deal  on  what  had  been  faid  the  day 
before  by  a  member,  (M.  T,  DeGrey,  brother  to  the 
attorney  general,  who  abufed  the  petitioners  in  gene- 
ral, calling  them  bafe  born  mechanics,  and  mere  rab- 
ble, not  fit  to  petition  the  throne)  that  he  was  forry  to 
find    fome  gentlemen    fuppofed  there  was   one   law 
for  gentlenien,  and  another  for  their  inferiors.    That 
the  law  knew  nothing  of  gentlemen  ;  that  we,   who 
reprefented,  were  chofen  by,  and  derived  our  powers 
from  thofe  bafe  born  men  ;    and  that  their  privileges 
ought  to  be  the  care  of  the  houfe,  for  on  them  de- 
pended  our  own, — our  conftitution.      Mr.  Edmund 
Burke^  likewife,  with  great  fpirit,  defended  Sir  George 
Savilky  and  called  upon  the  miniftry  to  puni(h  Sir 
George^  if  the  accufation  was  falfe ;    and  faid,  *  That 
if  a  falfe  and  unjuft  charge  had  been  made,  the  gen- 
tleman who  made  it  oght  to  be  fent  to  the  Tower :'  but 
added,   *  that  the  minifters  were  confcious  of  the  truth 
of  the  affertion,  and  therefore  in  a  tame  and  cowardly- 
manner   crouched    under    it.'    He    laid,   the   people 
abhorred  the  prefent  miniftry,  and  alkcd  the  fpeaker 
if  the  chair  did  not  tremble  under    him.     Towards 
the  conclufion  of  the  debate,  S'lv  George  Savile  ftood 
up  again  and  declared,   that  he  was  as  cool  as  before; 
more  fo  he  could  not  be  ;  and  added  from  S/jake/peare, 
*'  Bring  me  to  the  teft,  and  I  the  matter  will  re-word, 
which   madnefs  would    gambol     from  3"    therefore, 
*  (landing  up  in  my  place  as  member  for  the  county  of 
Torky  I  do  declare,  that  the  houfe  of  commons,  has 
betrayed  the  rights  of  the  nation/     No    notice  was 
taken  of  the  words  ^. 

If 

^  Aim*  Deb.  Com.  viii,  177. 


480  POLITICAL  BookV. 

If  opinion  be  the  great  engine,  by  which  the  few 
are  able  to  govern  the  many,  what  (hall  we  (ay  of  the 
wifdom  of  thofc  governors,  who  by  the  pradice  of 
every  foul  and  fordid  art,  and  by  openly  fliewing  a 
total  negledt  of  the  public  intcrefl,  teach  the  people 
to  look  upon  their  fupcri.ors  as  their  worft  enemies, 
or  as  clumfy  blockheads,  who  do  not  know  the  firft 
principles  of  their  own  pofeflion  ? 

However  it  is  come  to  pafs,  the  fadt  is  certain,  that 
in  no  age,  or  nation,  ever  was  the  people's  opinion  of 
their  governors  at  a  lower  ebb,  than  has  been  lately 
feen  in  a  certain  country.  In  former  times,  when  the 
charaders  of  (latefmen  were  attacked  in  print,  the 
writers  ufcd  caution,  and  either  defcribed  them  by 
their  behaviour,  in  fuch  a  manner  as  to  point  them 
out  without  naming  them,  or  if  they  were  more  par- 
ticular, at  moft  they  only  put  initials  and  (inals.  Now 
our  political  and  fatirical  v*^riters  make  no  hefitation 
in  calling  our  higheft  charaders  to  their  faces,  and 
with  sheir  names  printed  at  full  length,  rogues,  and 
whores,  corruptors,  plunderers,  and  enemies  of  their 
country. 

This  I  acknowledge  to  be  utterly  inconfiftent  with 
decency.  But  (lill  it  marks  ftrongly  the  lentiments  of 
the  people.  i\nd  it  muft  likewife  be  owned,  that  a 
great  deal  of  the  invedive,  that  is  thrown  out  in 
times  of  general  diffatisfadion,  is  always  aggravated, 
and  often  wholly  groundleis.  But  had  our  governors 
kept  up  a  condud  venerable  for  integrity,  and  amiable 
for  difinterefled  attachment  to  the  public  good,  the 
people  would  never  have  thought  of  treating  them  in 
a  manner  fo  openly  difrefpedfiil.  Even  the  grofs- 
t  minded  mob,  when  wroaght  up  to  the  highe(l  rage, 
would  avoid  throwing  dirt  upon  a  Socrates,  a  CatOy 
or  a  Hampden. 


Chap.  IV.       D  I  S  Q  U  I S  I  T  I  O  N  S.  481 

Turn  pietate  gravem  ac  msritis  Ji  forte  viriim  quern 
Afpexereyjilent^  arreBifqite  auribus  adjiant, 

ViRG. 

There  is  (to  borrow  the  thought  of  our  inimitable 
Shakefpeare  concerning  kings)  fuch  a  majefty  hems 
in  a  man  of  worth,  as  flander  dares  not  to  look  upon. 

Montefquieu  obferves  from  Polybiusy  that  the  Cartha- 
ginian magiflrates  had  loft:  their  authority  about  the 
time  of  the  fecond  Funic  war.  Polybius  gives  no  rea- 
fon  for  this.  But  Livy  accounts  for  it.  Hannibal^  he 
fays,  when  he  returned  home,  found,  that  the  magi- 
flrates had  been  guilty  of  grofs  embezzlements  of  the 
public  money.  Was  it  to  be  wondered,  that  they  loft: 
their  authority  a?  Corrupt  parliaments  will  ever  be 
odious  to  all,  but  thofe  who  earn  the  wages  of  corrup- 
tion. All  kinds  of  duplicity  are  odious  to  the  people. 
The  prince  of  Conde,  and  duke  of  Orleans^  pretended 
(to  pleafe  the  parliament  of  Paris)  to  be  the  impla- 
cable enemies  of  Mazarine^  while  they  were  carrying 
on  a  treaty  with  him  at  St,  Germaim  en  Laye^  diredly 
contrary  to  the  firft  article  of  their  inftrudlions  from 
the  parliament.  Mazarine  A^it0.s  them.  They  lofe 
both  court  and  city.  ^ 

'  The  people  have  already  oppofed  us  by  their  ma- 
«giftrates,'  (fays  an  eminent  lawyer  in  the  houfe  of 
commons,  on  the  lord  mayor's  protecting  the  prin- 
ters againft  the  ferjeant  of  the  houfe  of  cominons, 
A.  D.  1770,  ^)  '  and  they  will  oppole  us  farther  by 
their  juries;  though,  were    we   as   much   refpeded 

Vol.  I.  Qj  q  as 


aL'EspR.  DEs  Loix.  i.  185. 

b  Mod.  Univ.  Hist.  xxv.  54. 

c  LoND.  MhQ,  March,  1771,  p.  244. 


4*2  POLITICAL  Book  V. 

as  we  arc  defpifed,  as  univerfally  efteemed  as  wc  are 
detefted,  the  eftablifhment  of  a  tyranny  in  ourfelves' 
[the  affumed  power  of  imprifoning  their  conftituents 
for  fuppofed  breach  of  privilege]  *  who  are  appointed 
for  no  purpofc,  but  to  repel  it  in  others,  would  ex- 
pofe  us  to  the  aborrence  of  every  good  Englijhman^ 

Wc  [the  houfe  of  commons]  are  fufficiently  ob- 
noxious, fufficiently  deteftable  to  the  nation  already  ; 
and  if  we  have  no  regard  for  the  city  magiftrates,  we 
fhould  at  leaft  have  fome  little  confideration  for  our- 
felves/  Speech  of  Sir  Geo-.  Saville  on  the  motion  for 
fending  the  lord  mayor  and  alderman  Oliver  to  the 
Tower  for  protedling  the  printers  againft  the  ferjeant 
gf  the  houfe  of  commons,  A.  D.  1770.  ^ 

«  Since  I  had  the  honour'  [fays  a  fpeaker  on  the 
6me  occalion]  *  I  fhould  fay,  the  diflhonour,  of 
fitting  in  this  houfe,  I  have  been  witnefs  to  many 
ftrange,  many  infamous  tranfadions. — What  can 
be  your  intention  in  attacking  all  honour  and  virtue? 
Do  you  raean  to  bring  all  men  to  a  level  with  your- 
felves,  and  to  extirpate  all  honour  and  independence  ? 
Perhaps  you  imagine,  a  vote  will  fettle  the  whole 
controverfy.  Alas !  you  are  not  aware,  that  the 
manner,  in  which  your  vote  is  procured,  is  a 
fecret  to  no  man.  Liften.  For  if  you  are  not 
totally  callous,  if  your  confciences  are  not  feared, 
I  will  fpeak  daggers  to  your  fouls,  and  wake  you 
to  all  the  hells  of  guilty  recoUeftion.  I  will  follow 
you  w^ith  whips  and  (lings,  through  every  maze  of 
your  unexampled  turpitude,  and  plant  thorns  under 
the  rofe   of    minifterial    approbation.' — '  You    have 

flagrantly 


a  LcNu.  Mac.  March,    1/7 1 j    p.  l8i. 


Chap.  IV.        D I S  Q^U  I  S  I T  1 0  N  S.  483 

flagrantly  violated  juftice,  and    the  law  of  the  land, 

and  opened  a  door  for  anarchy  and  confufion. 

After  affuming  an  arbitrary  dominion  over  law  and 
juftice,  you  iflue  orders,  warrants,  and  proclama- 
tions, againft  every  opponent,  and  fend  prifoners 
to  your  Baftile  all  thofe,  who  have  the  courao^e  and 
virtue  to  defend  the  freedom  of  their  country.  But 
it  is  in  vain,  that  you  hope  by  fear  and  terror  to 
extinguifh  the  native  BritiJI:  fire.  The  more  facri- 
fies,  the  more  martyrs  you  make,  the  more  nume- 
rous the  fons  of  liberty  will  become.  They  will 
multiply  like  the  hydra,  and  hurl  vengeance  on  your 
heads.  Let  others  ad  as  they  will  ;  while  I  have  a 
tongue,  or  an  arm,  they  fliali  be  free.  And  that  I 
may  not  be  a  witnefs  of  thefe  monftrous  proceedings, 
I  will  leave  the  houfe ;  nor  do  I  doubt,  but  every  in- 
dependent, every  honeft  man,  every  friend  to  E?igland 
will  follow  me.  Thefe  walls  are  unholy,  baleful, 
deadly,  while  a  proftitute  majority  holds  the  bok  of 
parliamentary  power,  and  hurls  its  vengeance  only 
upon  the  virtuous.  To  yourfelves,  therfore,  I  con- 
fign  you.  Enjoy  your  pandemonium^.'  All  the 
gentlemen  in  the  oppoiition  rofe,  as  one  man,  and 
left  the  houfe. 

When  the  duke  oi  Richmond,  A.  D.  1773,  moved, 
that  a  meflage  be  fent  to  the  houfe  of  commons, 
requefting  them  to  communicate  to  the  lords  the  re- 
ports, and  other  materials,  upon  which  they  had  pro- 
ceeded in  paffing  the  Eaji  Lidia  bill,  the  motion  was 
rejeded.  Their  lordfhips  knew  which  v/ay  they 
were  to  vote,  without  feeing  any  materials.  But  the 
diredtors  of  that  great  trading  corpor-ation  do  not  heii- 

tate 


a  LoND,  Mag.  July  1771  p.  334, 


484  POLITICAL  BookV. 

tate  to  foretel,  that  the  bill  will  be  the  utter  ruin  of 
the  company^.  The  fame  bill  was  carried  in  the 
houfe  of  commons,   131  againft  21. 

How  deep  the  politics  of  the  times  were,  may  be 
judged  by  the  following  :  yf.  D.  1773,  it  was,  in  the 
compafs  of  only  a  fortnight,  refolved  in  the  houfe  of 
commons,  that  all  acquifitions  made  by  military 
force,  belong  to  the  Jiate.  That  to  appropriate  fuch 
acquifitions  is  illegaL  That  great  fums  have  been^ 
by  fuch  means,  obtciined  from  fovereign  princes  in 
India  \hy  \oxd.  Clive\.  And,  that  lord  Clive^  for  his 
fervices  in  India  had  deferved  the  prefcnts  he  received, 
which  were  ufual.  Reconcile  thefe  refolutions  who 
can — to  any  thing,  but  minifterial  influence. 

A.  D.  1 771*  *  Mr,  C.  Fox  vindicated  the  fending 
of  lifts  from  the  treafury  to  their  friends,  direding 
for  whom  ihey  (hould  ballot,  as  neceffary  for  admi- 
niftration  on  all  occafions  b.' 

Hear  the  fenfe  of  the  city  of  London  on  the  flavifli 
complaifance  of  parliament  to  minilters.  '  Reprefen- 
tatives  of  the  people  are  effential  %o  the  making  of 
laws ;  and  there  is  a  time  when  it  is  demonftrable 
that*  [the]  '  men'  [who  fit  in  the  houfe  of  commons] 
ceafe  to  be  reprefentatives.  That  time  is  now  ar- 
rived. The  prefent  houfe  of  commons  does  not  re- 
prefent  the  people  c/ 

A  remoniirance  from  the  city  was  agreed  on,  March 
1 1 ,  1773  ^,  complaining  of  the  negledt  of  the  former, 
'  Our  reprefentatives,    who  were  chofen  to  be  the 

guardians 


a  See  the  News-Papers  and  Magazines  of  the  year, 

b  u^lm,  Des.  Com^  jx.  306 

c  City's  REiwoNSTR.to  the  king,  jtlT>,  1770. 

d  Sec  the  News-Papers  of  that  date. 


Chap.  IV.         D  ISQUISITIONS.  485 

guardians  of  our  rights,  have  invaded  our  moft  facred 
privileges.'  They  mention  the  Middlefex  cledion, 
theimprifoningof  thelord  mayor,  and  aldcrmanO/z'yfr, 
for  *  nor  obeying  the  illegal  mandates  of  an  arbitrary 
houfe  of  commons,  and  violating  the  iolemn  oat'.is 
they  had  taken  for  the  prefcTvation  of  ihe  I'rancnifss 
of  the  capital.  We  recal  (fay  they)  ip  your  majefty's 
remembrance  with  horror,  that  unparalleled  ad:  of 
tyranny,  the  erafing  a  judicial  record,  in  order  to  flop 
the  courfe  of  juftice,  to  introduce  a  lyftcm  of  pov/cr 
againft  right/  6cc.  They  pray  a  diflblution  oi  par- 
liament, and  a  removal  of  bad  miniftcrs. 

So  much  for  a  brief  chronological  dedudion  of 
minifterial  and  corrupt  influence  in  parliament,  in- 
tended to  fliev7  thenecefTity  of  a  redrefs  of  this  mofl 
ruinous  of  all  grievances. 


From  a  due  confideration  of  what  this  firll:  volume 
alone  exhibits,  w^hich  is  but  a  fmali  part  of  tho  public 
abufes  of  the  times,  every  thoughtful  reader  will  fee 
great  reafon  for  fears  and  apprehenfions.  The  time  to 
prevent  public  diforders  is,  Now,  before  the  diior- 
ders  begin.  The  beginning  of  the  public  diforders, 
we  have  reafon  to  apprehend,  will  be,  a  diminution 
of  the  value  of  Stocks.  It  is  the  intereff  of  every  man 
in  the  BritiJJj  empire  to  prevent  this  diminution. 
The  tneans  of  preventing  it  are,  Affociations  for  fup- 
port  of  public  credit.  A  model  for  thefe  affociations 
we  have  by  looking  back  to  the  tranfadions  of  tiie 
year  1745.  Public  credit  cannot  fink,  if  the  nation 
unites  in  lupporting  it  5  and  the  time  for  this  union  is 
NOW,  before  it  begins  to  totter.  Should  it  even  be 
found,  (which  God  forbid)  that  the  ufual  ways  and 
means  are  likely,  through  failure  cf  commerce,  &c. 
to  come  fl:iort  of  a  fufficiency  for  paying  the  public 

crcdito.s 


486  POLITICAL,  &c:  Book  V. 

creditors  their  full  dividend,  England  has  ftill  great 
refources  untouched,  as  taxing  all  legacies  left  by 
others  than  parents,  hulbands  and  wives,  introducing 
by  degrees  Sir  Matth.  Deckers  method  of  taxation, 
and  leffening  by  degrees  the  number  of  our  prefent 
tax-gatherers,  reducing  the  devouring  army,  taxing 
faddle-horfes,  and  other  articles  of  luxury,  and  all 
public  diverfions,  reducing  the  enormous  number, 
and  retrenching  the  exorbitant  incomes  of  places,  &c. 
of  all  vi^hich  more  fully  hereafter. 

May  a  beam  of  celeftial  light  direded  by  that  effica- 
cious voice,  which  of  old  faid.  Let  there  be  light  \ 
irradiate  the  mind  of  Him,  whom  Divine  Providence 
hath  placed  fupreme  in  the  government  of  this  great 
empire;  that  he  may  fee  the  things,  which  belong  to 
his  and  the  nation's  peace,  before  they  be  for  ever 
hid  from  his  eyes.  And  when,  guided  by  that  hea- 
venly light,  he  fets  himielf  at  the  head  of  a  plan  for 
reforming  thefe,  and  the  other  abufes,  which  are  the 
difgrace,  and  naturally  tend  to  bring  on  the  ruin  of 
the  ftate,  may  he  find  his  people  willing  to  fecond 
thofe  views,  the  execution  of  which  will  obtain  for 
him  the  moft  illuftrious  of  all  titles,  'uiz^  Father  of 
his  country  3  and  will  make  Britain  the  glory  of  all 
lands. 


End  of  the  First  Volume, 


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